What Are Extra-Legal Variables In Sentencing

In theory, sentences imposed by judges are supposed to depend on legally relevant factors. This is why the federal sentencing guidelines were developed. In an ideal society, we would hope judges would always follow these guidelines when sentencing. However, there are extra-legal variables that, unfortunately, have the potential to play a large role in the sentencing process. Some examples of extra-legal variables include race, ethnicity, and sex, as well as pre-trial release. I believe that extra-legal variables do in fact play a part in determining sentences. Race and ethnicity are two of the most common extra-legal variables taken into consideration and studies support this idea. There are also circumstances in which multiple extra-legal variables are used together that lead to discretion in sentencing. While judges do consider legal variables as well, it is the non-legally relevant variables that are causing an issue. Prior to the 1980’s, judges had a significant amount of discretion available. However, in 1984, the federal sentencing guidelines came about. Under these guidelines, judges could not consider any factors other than the severity of the offense and the offender’s criminal history. Unfortunately, these guidelines were not foolproof. Even when judicial discretion is …show more content…
Due to the guidelines, judges do consider the seriousness of the crime, offender accountability, and the potential for reoffending. However, the federal sentencing guidelines are not clear on how to asses these variables. This leads to a great amount of uncertainty. Because these guidelines are so ambiguous, it may cause judges to include race, ethnicity, and sex stereotypes. Therefore, while they are examining legally relevant factors, they may be using extra-legal variables while doing