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A sentencing guidelines grid allows for upward and downward departures from the guidelines.TrueFalse

Question

A sentencing guidelines grid allows for upward and downward departures from the guidelines.

True or False?

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Solution

The statement is True.

Sentencing guidelines grids, which are commonly used in the criminal justice system to establish a framework for sentencing offenders, indeed allow for both upward and downward departures from the established guidelines.

Explanation

  1. Sentencing Guidelines Grids: These grids are structured to provide judges with a clear framework for determining sentences based on the severity of the offense and the criminal history of the offender. Different jurisdictions may have varying grids, but they generally serve the same purpose: to ensure consistency and fairness in sentencing.

  2. Upward Departures: A judge may impose a sentence that is longer (or more severe) than what is suggested by the grid if there are aggravating factors in the case. Examples of such factors include the violence level of the crime, previous convictions, or harm caused to victims that exceeds typical circumstances.

  3. Downward Departures: Conversely, a judge may also opt for a sentence shorter (or less severe) than what the guidelines recommend due to mitigating factors. Mitigating circumstances might include the offender's lack of previous criminal history, expressions of remorse, or other personal circumstances that the judge feels should reduce their culpability.

Overall, allowing for these departures provides judges with the discretion to tailor sentences to the specific circumstances of each case while still adhering to the principles of the sentencing guidelines.

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