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Next Witness...Pleasewith the "Judicial Twins" Author: WOUB Public Media
Ever found yourself lost in legal jargon? Fear not! Our mission is to decode complex legal concepts into everyday language, making them accessible to all. Meet your hosts, the dynamic duo known as the Judicial Twins! Retired judge Tom Hodson brings over 50 years of legal expertise as a trial judge, defense attorney, and former Judicial Fellow at the Supreme Court of the United States. Retired judge Gayle William-Byers, with more than two decades of public service as a prosecutor and judge, is now sharing her knowledge as a Judicial Fellow for The National Judicial College and a legal analyst. Join us as we embark on a quest to demystify the legal system and increase your understanding of its complexities. Tune in to "Next Witness... Please" for enlightening discussions, insightful perspectives, and a deeper understanding of the law. Don't miss out subscribe now and let's unravel the mysteries of the legal world together! Language: en Genres: Government, News, Politics Contact email: Get it Feed URL: Get it iTunes ID: Get it Trailer: |
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Federal Sentencing Guidelines Explained: What They Are and How Judges Use Them
Episode 55
Wednesday, 7 January, 2026
One often hears the term “sentencing guidelines” when following a federal criminal case. But what are they and how do they work? The guidelines are for federal judges to use in sentencing defendants convicted of federal crimes so there is some consistency from court to court across the country, says John R. Mitchell, award-winning attorney in the Taft Law Firm’s Compliance, Investigations, White-Collar Defense and Commercial litigation practices. The guidelines are established by the U.S. Sentencing Commission consisting of lawyers, judges, and legal scholars. The guidelines also are reviewed periodically by the commission to see if any of the guidelines need to be changed. The guidelines are intended to provide fairness and consistency, to reduce disparities by preventing arbitrary or biased sentencing, to provide transparency for the public, and to give judges some structure in fashioning the right sentence. The guidelines originally were mandatory but since 1987 they have become advisory to judges. This flexibility allows judges some discretion in sentencing convicted individuals. Attorney Mitchell explains, in depth, on this edition of Next Witness…Please the key components of the guidelines. A judge must first consider the seriousness of the offense considering the nature of the crime, whether a weapon was used, and the harm to the victim. Secondly, a judge must consider the defendant’s criminal history – whether the defendant has a past criminal record. Finally, a judge must look at a Sentencing Table or Sentencing Grid. This table takes into consideration the offense level and the criminal history of the defendant to arrive at a recommended sentence of prison, fines, or probation. The use of sentencing guidelines by the prosecution and the defense, often creates incentives for a negotiated guilty plea in a matter – with sentencing recommendations to the judge. That often avoids a trial Mitchell says. Some states have sentencing guidelines for state crimes but not all.
