What is the difference between presumptive sentencing guidelines and voluntary sentencing guidelines? What is the difference between descriptive sentencing guidelines and prescriptive sentencing guidelines?

Question

What will be an ideal response?

Answer 1

Sentencing guidelines may be presumptive or voluntary. With presumptive sentencing guidelines, either legislatures or special commissions set the types and ranges of sentences. Judges have to contain their sentences within the prescribed ranges, unless they can justify their departures from the guidelines in writing using criteria that are usually prescribed in a guidelines manual. Voluntary sentencing guidelines merely suggest possible sentences. Judges can (and often do) follow the suggested sentences, but they do not have to.

The specific types and exact ranges of sentences are either descriptive or prescriptive. In descriptive sentencing guidelines, the guidelines are based on existing sentencing practices within the state; they merely state in writing what judges have actually been doing. Prescriptive sentencing guidelines develop new sentencing norms based on what decision makers decide the type and range of penalties should be.