sentencing
Sentencing refers to the process by which a court imposes a penalty on a defendant following a conviction. A criminal sentence defines the consequences of the offense and may include probation, fines, restitution, community service, rehabilitation programs, or incarceration. In more serious cases, sentences may involve long-term imprisonment, life imprisonment, or, in jurisdictions that authorize it, the death penalty.
Sentences serve several core purposes. These include deterrence of future criminal conduct, punishment or retribution for the offense committed, protection of the public, and, in some cases, rehabilitation of the offender. When imposing a sentence, courts seek to balance these objectives in light of the nature of the offense, the defendant’s conduct, and broader societal interests.
In the federal system, sentencing is shaped in part by the Federal Sentencing Guidelines. Prior to the 1980s, federal judges operated under an indeterminate sentencing system that granted wide discretion but produced significant sentencing disparities. In response, Congress enacted the Sentencing Reform Act of 1984, which created the United States Sentencing Commission and directed it to develop sentencing guidelines intended to promote greater uniformity and proportionality in federal sentencing.
The Supreme Court upheld the constitutionality of the Sentencing Commission in Mistretta v. United States, 488 U.S. 361 (1989). However, in United States v. Booker, 543 U.S. 220 (2005), the Court held that the mandatory application of the Federal Sentencing Guidelines violated the Sixth Amendment. As a result, the Guidelines are now advisory rather than binding. Subsequent decisions clarified that sentencing courts may impose sentences outside the Guidelines range so long as they provide adequate justification, and that appellate review focuses on whether the sentence imposed is reasonable.
[Last reviewed in February of 2026 by the Wex Definitions Team]
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