A Judge's Discretion in Sentencing

In April 2003, Congress enacted the PROTECT Act, a series of legislative mandates aimed to protect children against sex crimes and pornography. This bill also directly amended federal guidelines by limiting federal judges' discretionary authority to award reduced sentences in such crimes. Critics of these amended guidelines argue that allowing a judge discretion in sentencing provides a judge with the flexibility needed to assure adequate consideration of circumstances that the federal guidelines cannot adequately capture.