Why So Many People Plead Guilty in Federal Court

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The United States Federal Sentencing Guidelines set out draconian penalties for violations of federal law. Because these guidelines call for such oppressive sentences, most individuals charged with a crime in federal court plead guilty. In fact, only around 2% of all cases in federal court go to trial.

In this video, attorney Scrofano discusses an overview of the Federal Sentencing Guidelines and how they can affect a sentence a judge metes out in a federal case. The guidelines depend on two primary factors. First, the guidelines set out base offense levels depending on the severity of the crime. Various additional facts can create upward or downward adjustments to the base offense level. For example, if a defendant obstructs justice, that can add to the base offense level. Alternatively, if the defendant pleads guilty that can lower the base offense level, which can also incentivize taking a plea deal over going to trial.

The second primary factor is the individual's criminal history score, which is calculated based on prior convictions. These two numbers will put the defendant on the guidelines for a particular sentencing range. The judge has discretion whether to accept the guideline sentence and impose something within the guidelines. However, the judge must consider the guidelines along with a number of other factors that are referred to as the "Booker Factors."

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