Maryland State Commission on Criminal Sentencing Policy, (MSCCSP), is an agency within the state government of Maryland, that sets guidelines which are used by Maryland circuit court judges in sentencing persons convicted of crimes in the state.
The Maryland General Assembly has charged the commission to "adopt existing sentencing guidelines for sentencing within the limits established by law which shall be considered by the sentencing court in determining the appropriate sentence for defendants who plead guilty or nolo contendere to, or who were found guilty of crimes in a circuit court." [1] The commission was after several studies over a period of time showed the defendants in some of the state's less populated areas got harsher sentences than those in the rest of the state. There was also some concern over racial disparities in sentencing in criminal cases. The MSCCSP can set guidelines that are advisory, Maryland judges are not required to adhere to the guidelines; judges in the federal system generally are.
The MSCCSP was established in 1999, it collects sentencing guidelines worksheets and automates the information; monitors sentencing practices, including judicial compliance with the guidelines; and, as necessary, adopts changes to the guidelines. The Commission integrates correctional options into the guidelines and establishes criteria for determining which defendants should be eligible for correctional options. [2]
Executive Director:
Much of the commission's work is done in its two subcommittees with the commission voting on either subcommittee's recommendations during regular meetings of the commission.
The Sentencing Guidelines Subcommittee all new and revised offenses adopted by the General Assembly and provides recommendations to the full Commission for seriousness category classification. Additionally, the Sentencing Guidelines Subcommittee regularly reviews suggested revisions to the guidelines calculation process and reports to the overall Commission on guidelines compliance data.
Subcommittee Members:
The Subcommittee on Sentencing Drug Offenders was established in 2007 to review options available to the judiciary for sentencing drug related felons.
Subcommittee Members:
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A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment.
Capital punishment was abolished via the legislative process on May 2, 2013, in the U.S. state of Maryland.
Capital punishment is a legal penalty in the U.S. state of Nebraska. In 2015, the state legislature voted to repeal the death penalty, overriding governor Pete Ricketts' veto. However, a petition drive secured enough signatures to suspend the repeal until a public vote. In the November 2016 general election, voters rejected the repeal measure, preserving capital punishment in the state. Nebraska currently has 12 inmates on death row.
Blakely v. Washington, 542 U.S. 296 (2004), held that, in the context of mandatory sentencing guidelines under state law, the Sixth Amendment right to a jury trial prohibited judges from enhancing criminal sentences based on facts other than those decided by the jury or admitted by the defendant. The landmark nature of the case was alluded to by Justice Sandra Day O'Connor, who characterized the decision as a "Number 10 earthquake".
The government of Maryland is conducted according to the Maryland Constitution. The United States is a federation; consequently, the government of Maryland, like the other 49 state governments, has exclusive authority over matters that lie entirely within the state's borders, except as limited by the Constitution of the United States.
The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for sentencing individuals and organizations convicted of felonies and serious misdemeanors in the United States federal courts system. The Guidelines do not apply to less serious misdemeanors or infractions.
United States v. Booker, 543 U.S. 220 (2005), is a United States Supreme Court decision on criminal sentencing. The Court ruled that the Sixth Amendment right to jury trial requires that other than a prior conviction, only facts admitted by a defendant or proved beyond a reasonable doubt to a jury may be used to calculate a sentence exceeding the prescribed statutory maximum sentence, whether the defendant has pleaded guilty or been convicted at trial. The maximum sentence that a judge may impose is based upon the facts admitted by the defendant or proved to a jury beyond a reasonable doubt.
Capital punishment was abolished in Virginia on March 24, 2021, when Governor Ralph Northam signed a bill into law. The law took effect on July 1, 2021. Virginia is the 23rd state to abolish the death penalty, and the first southern state in United States history to do so.
Thomas Lee Ambro is a Senior United States circuit judge of the United States Court of Appeals for the Third Circuit.
A presentence investigation report (PSIR) is a legal document that presents the findings of an investigation into the "legal and social background" of a person convicted of a crime before sentencing to determine if there are extenuating circumstances which should influence the severity or leniency of a criminal sentence. The PSIR is a "critical" document prepared by a probation officer via a system of point allocation, so that it may serve as a charging document and exhibit for proving criminal conduct. The PSIR system is widely implemented today.
Rita v. United States, 551 U.S. 338 (2007), was a United States Supreme Court case that clarified how federal courts of appeals should implement the remedy for the Sixth Amendment violation identified in United States v. Booker. In Booker, the Court held that because the Federal Sentencing Guidelines were mandatory and binding on judges in criminal cases, the Sixth Amendment required that any fact necessary to impose a sentence above the top of the authorized Guidelines range must be found by a jury beyond a reasonable doubt. The Booker remedy made the Guidelines merely advisory and commanded federal appeals courts to review criminal sentences for "reasonableness." Rita clarified that a sentence within the Guidelines range may be presumed "reasonable."
Lisa Adrienne Gladden is an American politician from Maryland and a member of the Democratic Party. She formerly served in the Maryland State Senate, representing Maryland's District 41 in Baltimore City. She resigned as Senator due Multiple Sclerosis on January 10, 2017
Jack Johnson is an American politician and a Republican Party member of the Tennessee Senate for the 27th district, which is composed of Williamson County.
Marvin E. Aspen is a senior United States district judge of the United States District Court for the Northern District of Illinois.
Julie Ann Robinson is a senior United States district judge of the United States District Court for the District of Kansas.
A deferred adjudication, also known in some jurisdictions as an adjournment in contemplation of dismissal (ACOD), probation before judgment (PBJ), or deferred entry of judgment (DEJ), is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an allotted period of time also ordered by the court. Upon completion of the requirements, which may include probation, treatment, community service, some form of community supervision, or some other diversion program, the defendant may avoid a formal conviction on their record or have their case dismissed. In some cases, an order of non-disclosure can be obtained, and sometimes a record can be expunged.
The Smarter Sentencing Act is a bill in the United States Senate that would reduce mandatory minimum sentences for some federal drug offenses. In some cases, the new minimums would apply retroactively, giving some people currently in prison on drug offenses a new sentence.
Capital punishment in Delaware was abolished after being declared unconstitutional by the Delaware Supreme Court on August 2, 2016. The ruling retroactively applies to earlier death sentences, and remaining Delaware death row inmates had their sentences commuted to life imprisonment. Despite this, the capital statute for first-degree murder under Title 11, Chapter 42, Section 09, of the Delaware Code has yet to be repealed, though it is unenforceable.
The Georgia Council on Criminal Justice Reform is a fifteen-member, non-partisan state commission tasked with conducting annual comprehensive reviews of criminal laws, criminal procedure, sentencing laws, adult correctional issues, juvenile justice issues, enhancement of probation and parole supervision, better management of the prison population and of the population in the custody of the Department of Juvenile Justice, and other issues relates to criminal proceedings and accountability courts in the state of Georgia.
Bernice D. Mireku-North is an American politician. She is currently a Democratic member of the Maryland House of Delegates, appointed by Governor Larry Hogan to fill the term of Eric Luedtke, who resigned on January 2, 2023, to serve as the chief legislative officer of governor-elect Wes Moore. She was previously a candidate for Montgomery County State's Attorney in 2022.
