Question

Federal sentencing guidelines provide a range of punishments for a specific crime. Do the guidelines permit departures from the guidelines? Do the guidelines tend to be uniform across states? Do the guidelines eliminate judicial discretion completely?

1) Yes, the guidelines permit departures from the guidelines
2) No, the guidelines do not permit departures from the guidelines
3) Yes, the guidelines tend to be uniform across states
4) No, the guidelines do not tend to be uniform across states
5) Yes, the guidelines eliminate judicial discretion completely
6) No, the guidelines do not eliminate judicial discretion completely

Answer 1

Federal guidelines permit departures in sentencing, are not uniform across states, and do not completely eliminate judicial discretion.

Step-by-step explanation:

Federal sentencing guidelines do indeed provide a structure for sentencing within the federal court system. However, these guidelines permit departures from the established range under certain circumstances, such as substantial assistance by the defendant to the government, or factors that make the case atypical. So, in response to the possibilities referred to in the question: 1) Yes, the guidelines permit departures from the guidelines; 2) No, the guidelines tend to not be uniform across states because state courts follow their own sentencing statutes and guidelines; and 6) No, the guidelines do not eliminate judicial discretion completely, as judges still have the ability to depart from the guidelines in specific situations.

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