The Importance of Statements of Reasons in Guideline Sentencing

Abstract

The goals of the Sentencing Reform Act of 1984 are to reduce unwarranted sentencing disparity and provide truth in sentencing. One of the essential elements in achieving these goals is the requirement that judges state their for a sentence and report that statement to the United States Sentencing Commission. See U.S.C. ?3553(c) and 28 U.S.C. ?994(w). It is simply impossible to determine whether similarly situated defendants were sen tenced similarly without knowing what factual find ings were made and what guidelines were applied or why a departure from the guidelines was made. If these reasons are not stated by the court at the time of sentencing the defendant may not be able to adequately identify any basis for appeal, the court of appeals has inadequate information to review, and the Sentencing Commission cannot determine how the guidelines are functioning and whether they need to be modified.