Jurisdiction: Authority For Justice & Overlap Prevention - Essay Sample

Introduction

Jurisdiction refers to the authority that a legal body has to give justice within an arena of responsibility. A jurisdiction can include Texas tax law. Usually, the areas of jurisdiction apply to local, state, federal levels, and the geographical area where practical authority applies. Jurisdiction depends on the legislative branches of the government to give resources that would help members of the society. Nevertheless, in some situations, a jurisdiction overlap might occur when more than one court has jurisdiction over an issue and the litigant has to choose the court where they want to file their case. Jurisdictions create sentencing guidelines at the federal level. During sentencing, judges' discretion has always been a topic of debate. In the scenario provided, offender Ben Smith pled guilty to the distribution of controlled substances and is awaiting sentencing. Sections in the essay discuss sentencing required for Ben Smith based on federal sentencing guidelines, judges' restriction when sentencing, and the three significant things the judges should be aware of during sentencing. Judges need to follow sentencing guidelines to promote fairness during sentencing.

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Sentencing Required for the Case

An offender involved in the distribution of a controlled substance can get or avoid mandatory minimum sentences. According to the Congressional Research Service (2018, p.8), the Controlled Substances Act (CSA) defines the term distribute as the transfer of a controlled substance other than dispensing it. Dispensing is the delivery of the controlled substance to an intended user (Congressional Research Service, 2018, p.8). In the CSA, the first set (841(b)(1)(A) level) features thresholds such as powder cocaine 5 kilograms and crack cocaine 500 grams (Congressional Research Service, 2018, p.9). Section 841 (b) of the Controlled Substances Act stipulates that the distribution of five kilograms of cocaine at the higher level is punishable by imprisonment of not less than ten years (Congressional Research Service, 2018, p.11). Since the scenario does not present any information concerning Ben Smith's criminal history and whether the distribution of cocaine resulted in bodily harm of another person, the sentencing required will be a minimum of five years.

Federal Sentencing Guidelines Requirement and Their Purpose

The federal sentencing guidelines were developed by Congress. The United States Sentencing Commission (USSC), an independent judicial branch of the government, issues the guidelines to set the time that offenders who have committed federal crimes are going to serve. (United States Sentencing Commission, n.d, p.1). The purpose of the guidelines is to allow judges to consult them to determine the appropriate form and severity of punishment for offenders in federal crimes (United States Sentencing Commission, n.d, p.1). The USSC often amends the guidelines to allow judges to be updated on the current forms of sentencing offenders.

Guidelines and Judges Discretion

In drug cases such as the one presented in the scenario, the federal sentencing guidelines offer judges enough discretion when imposing a sentence. The reason is that during sentencing proceedings, judges can calculate the appropriate guideline range and offer their judgment on their volition. Calculating the applicable guideline range is enough discretion because judges ought to review the sentence under the abuse of the discretion standard.

Judges should have less discretion when it comes to sentencing. The reason is that it will avoid procedural errors. More discretion to judges can make them calculate the range of the guidelines incorrectly. More so, having less discretion will allow judges to weigh the relationship between the federal courts and agencies where a judicial overlap might occur. Additionally, if judges get less discretion, then they will not manage to misuse the system by failing to get justice or over-punishing the offender.

Important Information to Disclose During Sentencing

Various factors need to be considered during sentencing. Congressional Research Service (2018, p.9) indicated that mandatory minimums apply to offenders with prior convictions for a felony drug offense and if he or she has had misdemeanors under state law. According to the author, even if the underlying state conviction has been expunged, mandatory minimums apply to offenders with prior drug offenses. As per section 841 (a), judges should consider the nature and volume of the substance, criminal record, and injuries attributable to the offense (Congressional Research Service, 2018, p.9). In the scenario, during sentencing, Mrs. Jones should tell the judge the criminal history of Ben Smith and provide information about the amount (5 kilograms) of cocaine Ben Smith had during his arrest. Besides that, the judge should be aware of whether Ben Smith was destructive during the arrest, whether he committed the crime under stress or distress as well as whether he was an accessory or the main offender. Such information will be important for the judge during sentencing because he will manage to determine the appropriate sentence required for Ben Smith.

Conclusion

The Controlled Substances Act offers guidelines for judges to follow when sentencing offenders in drug-related cases. As research has established, judges are key voices during sentencing. In drug cases, the federal statutes limit the choices that judges have during sentencing. Due to that, judges' discretion should be lessened to prevent any errors during the sentence proceedings. In the case scenario provided, Mrs. Jones should provide every detail to the judge to allow him or her to determine the best sentence required for Ben Smith. Overall, more research investigating sentencing law and practice should seek information from judicial officers to find out more about the interdependent dimensions of the sentencing process.

References

Congressional Research Service. (2018, January, 11th). Mandatory minimum sentencing of] federal drug offenses. Retrieved from https://www.everycrsreport.com/files/20180111_R45074_32258e3b09188ca2d21dcaf115051e2c9ff0d020.pdf

United States Sentencing Commission. (n.d). The Federal Sentencing Guidelines. Retrieved from https://www.ussc.gov/guidelines/amendments