Discuss whether or not sentencing guidelines or determinate sentencing can control judicial discretion
What will be an ideal response?
With multiple sentencing models, judges hold the future of the offenders' punishment, rehabilitation, and deterrent lessons learned in a delicate balance with a great amount of discretion. Sentencing guidelines have been implemented to give judges a recommended sentence based on the seriousness of the offense and the background of the offender. Usually, the more serious the crime and the more extensive the offender's background, the longer the prison term recommended by the guidelines. Guidelines are designed to reduce racial and gender disparity by eliminating judicial discretion. However, because guidelines could potentially allow judges to consider aggravating factors that would enhance the sentence, they may be a violation of the defendant's Sixth Amendment rights. The guidelines and determinate sentencing models definitely have the potential of controlling judicial discretion; however, after several challenges in the Supreme Court, they have now become advisory instead of mandatory.
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Fill in the blank(s) with correct word
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