The Violent Crime and Law Enforcement Act of 1994

Now that historical practices of sentencing have been introduced, it is just as important
to outline examples in reference to (1) policy decisions, (2) factual decisions, and (3)
decisions applying policy vs. decisions to particular facts.
Policy Decisions – Policy guidelines that determine what should be acknowledged in
an individuals sentencing criteria. For example: One judge might consider a reduction in
time to be served vs. a judge who intends to exercise the fullest extent of the law in
reference to the crime committed.
Factual Decisions – A review of details
that would enable particular policies to be
applied at the discretion of the assigned
judge. Hypothetically consider, two or
more individuals who to attempt to
commit a crime using a deadly weapon.
Assume these individuals reach their
destination point, where they plan to
commit such a crime. Then the one
individual who is primarily carrying the
weapon takes it out to threaten another
individual and waves it about, but is suddenly spooked enough that the weapon is
dropped. While the other individual who accompanied the perpetrator decides to pick up
the weapon, wave it about and even inflicts force of use with the weapon in order to
attempt or commit the crime.
Their actions would result in punishment as a part of the sentencing process, regardless
of the type of weapon in question. The 1st. individual in fact waved the weapon, but the
2nd. wave'd and inflicted force of use of the weapon. Therefore, the two individuals in
question regarding the same crime would receive two separate sentences.
Decisions Applying Policy vs. Decisions to Particular Facts - This form of
application is the core of discretionary sentencing. It allows for sentencing to be tailored
to an individual. For example, consider a minor juvenile who has committed a crime that
would allow for a lengthy sentencing period, but because the individual is a minor the
assigned judge can exercise discretion and decrease the sentence to be served vs.
applying the full length of the sentencing as outlined in policy and the facts associated
with the crime.
Overtime the United States has under gone developmental growth in implementation of
laws, sentencing guidelines and monumental transition points in time. Beginning in the
early 1900, the United States began to assess its role on the use of drugs, their purpose
and the responsibilities within the law. During this time in 1914, opiate drug use outside
of medical purpose was prohibited. It was not until 1930 that marijuana would reach the
same platform as opiates, prohibiting use. This further led to stiffer regulations, even
though the use of marijuana was not believed to evoke violent tenancies as previously
suggested in earlier years, but this level of awareness had not reached public
Page 59 of 190