Many of you are most likely not aware of, the laws in place in the federal system, that are painted with a very broad brush affecting everyone regardless of their charges, actions, and circumstances. There is no good-time, parole, or any other way for a person to earn their way back into society. They sentence you by months based off of a sentencing guideline table that only takes into consideration the amount of time previously served (called "criminal history") and an offense level number based on each offenses that were determined by congress.
I understand the reasoning behind setting up the table system to create a format in determining appropriate sentences for people. Where the problem arose though is how the United States Sentencing Guidelines (U.S.S.G.) is applied to individuals. For instance, let's say a person has a conviction of misdemeanor possession of marijuana, disorderly conduct, theft, etc. (anything that isn't a serious offense basically) and is sentenced to 60 days to 1 year in jail. Regardless of the offense committed, under the U.S.S.G. because of the amount of time you were given you will be given a 2 point enhancement to your criminal history that will dictate which category you get put in. Which in turn, can, and most often does, drastically change your sentence in years! I'm not talking a 1-2 year difference. I'm talking a 6-7 year to life in prison difference!!
Please look at the sentencing table I have posted and look at, let's say, offense level 37. Now go across to criminal history categories 4 and 5. Do you see the difference in the amount of time given because of what this 2 point enhancement can do? All because of how the U.S.S.G. is being applied makes this difference in people's lives! Not to mention that these people have already paid their dues to society by serving their time and whatever other requirements were placed upon them. Now they are being given more time for these same charges cloaked in the U.S.S.G. as an enhancement in their criminal history. To me, this feels and looks like double jeopardy. What do you think?
I know there are many arguments that can be made for both sides, but when sentencing a person to prison based off of past charges, judges should be able to weigh all the facts and not be forced to go by a criminal history category that does not take into account all the facts and circumstances! This is people's lives and their families lives that are being affected!
What I am saying here does not negate that there is individuals who has extreme histories of violence and career offender tendencies who should be sentenced appropriately. I'm not saying just let people go. I'm not saying there shouldn't be consequences for one's actions. I'm not saying the sentencing table should be uprooted. what I am saying is that the U.S.S.G. should be amended to where all the facts of each individuals case be taken into consideration and not be given amounts of time based off of only numbers.
To resolve this problem it will take a change in the U.S.S.G. enacted by congress. It will take US speaking to our congress-people about these problems and making them issues. It will take US discussing this problem with others and bringing awareness to them about what is going on. It will take US caring about what is happening not only to ourselves, but to others. I look forward to hearing from you about your opinion on this matter, ideas about how to change things, bring awareness, and whatever else you may think. Thank you for your time.
Sentencing table
Respectfully Yours,
Steven Stone
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