In 2004 and 2005, the U.S. Supreme Court decided Blakely v. Washington and U.S. v. Booker, respectively. These two landmark Supreme Court decisions redefined the constitutional landscape of criminal sentencing, presenting the opportunity for federal and state policymakers to consider whether their sentencing systems should be revised and, if so, how. To promote national debate about sentencing and to influence expected impending revisions to state and federal sentencing guidelines, the Constitution Project created the Sentencing Committee.
The Sentencing Committee comprises a bipartisan group of experts with a vast array of knowledge and experience within the criminal justice system. The Committee’s members include a former U.S. Attorney General and Deputy Attorney General, former and current judges, prosecutors, defense attorneys, scholars and other sentencing experts.
The Committee’s mission is to develop specific, consensus recommendations for revising sentencing laws to comport with the Constitution and Supreme Court decisions. Although the Committee’s work mainly focused on federal sentencing, its members include several state judges, prosecutors, and academic experts who have brought an invaluable comparative perspective to the Committee’s work.
The Committee’s work proceeded in two phases. During the first phase, the Committee studied the history of American criminal sentencing and current practices, with particular emphasis on federal rules and practice. During the second phase, the Committee crafted a set of recommendations aimed at improving the federal sentencing system. To further its mission, the Committee sponsored educational events for policymakers, the media, and the public. In addition, several of the committee’s members have testified both before Congress and the U.S. Sentencing Commission.
