As we mark the 40th anniversary of the Sentencing Reform Act of 1984 (SRA) and the establishment of the United States Sentencing Commission, it is a fitting moment to reflect on their impact and evolution within the criminal justice system.
Enacted on October 12, 1984, because of growing concerns over inconsistency in federal sentencing practices, the SRA aimed to establish structured, fair, and transparent guidelines for federal criminal sentences. Prior to its passage, federal sentencing lacked uniformity and resulted in widely varying sentences for similar offenses across different jurisdictions.
With the passage of the SRA came the Sentencing Commission, a bipartisan, independent agency located in the judicial branch created by Congress to reduce sentencing disparities and promote transparency and proportionality in sentencing. The Commission has seven voting members (at least three of whom must be federal judges) appointed by the President and confirmed by the Senate who serve staggered six-year terms. The Commission develops guidelines that federal judges must consider when imposing sentences. It collects data, conducts research, and monitors trends in sentencing practices, while ensuring that the guidelines remain relevant and responsive to changes in criminal behavior and societal norms.
Over the past four decades, the Sentencing Commission has played a vital role in shaping federal sentencing policy. Initially, the guidelines it produced were mandatory. However, a series of Supreme Court decisions in the early 2000s rendered these guidelines advisory rather than mandatory, providing judges with greater discretion while still encouraging adherence to the Commission’s recommendations.
In 2022, after eight years without a quorum, a full slate of seven commissioners were sworn in, allowing them to begin addressing a backlog of work. Without a quorum, the Commission had been unable to update guidance to federal judges following enactment of the landmark First Step Act in 2018. Now, the Commission is not only discussing proposed guideline amendments, policy reforms, and strategic initiatives, but in June 2024, the Commission invited public comment on whether broader changes to the guidelines, priorities, and research may be needed. These developments come at a time when criminal justice reform efforts are gaining momentum across the nation but not in Congress. The Commission's ability to now convene and vote on matters helps ensure it can actively respond to evolving societal needs, research findings, and federal judicial feedback.
But it is not all smooth sailing ahead. The criminal justice landscape continues to rapidly evolve with advances in science and technology, while calls for reforms to address systemic inequities are increasing. Yet, shifting political winds in this year’s elections could mean that the Commission could lose its quorum, and it is unclear whether the Supreme Court’s landmark decision in Loper Bright Enterprises v. Raimondo (2024) (which overruled the Chevron doctrine that involved judicial deference to agency interpretations of statutes) will have the same crippling effect on the Commission the way it will on other federal agencies. So, the Commission’s current drive to advance evidence-based policies and adapting sentencing guidelines is as crucial as ever.
In commemorating the 40th anniversary of the SRA and the Sentencing Commission, it is imperative to acknowledge both their achievements and their ongoing relevance. The landscape of criminal justice continues to evolve, with increasing advocacy for reforms aimed at addressing systemic inequities and promoting rehabilitation over punitive measures. The Commission’s commitment to transparency, data-driven analysis, and its dedication to refining sentencing policies has and will continue to promote “equal justice under law.”