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EVIDENCE-BASED SENTENCTING >> Sentencing Commission
Campaign Brief:
Establishing Michigan's Sentencing Commission
Two people convicted of the same crime under similar circumstances should receive the same — or at least similar — sentence. And the sentence should be proportional to the seriousness of the offense. These are foundational rule of law principles that are codified in Michigan’s state constitution, which prohibits “cruel or unusual punishment.”
Yet research on sentencing practices in Michigan showed concerning inconsistencies under our current sentencing guidelines, which have produced sentencing disparities based on factors such as geography and race, as well as sentence lengths that are outliers compared to other states. Better sentencing guidelines would change that.
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Background
One of the more frequent criticisms of the justice system is that its sentencing structure often appears confusing, nonsensical or even, at times, backwards. Two different people convicted of the same offense under similar circumstances can receive wildly different sentences depending on which county they are sentenced, for instance, or other factors at a judge’s discretion, such as the application of habitual offender status to someone appearing before them. At the same time, evidence-based research is teaching us that many of our former assumptions about crime — like the ability of long sentences to deter crime — just weren’t correct.
Our Legislature had started to address this through the creation of the Criminal Justice Policy Commission, which produced a study looking at sentencing inequalities between counties in Michigan. Their research was intended to lead to sentencing recommendations for the Legislature, but funding for the commission ended before their work was completed.
Vision
Michigan residents — no matter who they are or where they live — should be treated fairly under the law when they stand for sentencing before their judge, which means sentences should be consistent and proportional regardless of factors like geography and race. That will happen when legislators update the Sentencing Guidelines to reduce these disparities and provide better, more evidence-based sentencing guidelines to judges.
Some of the groundwork for this has already been done. The Criminal Justice Policy Commission, which was allowed to expire in 2019, had produced a study that identified sentencing discrepancies across the state. In 2021, Safe & Just Michigan produced a report, “Do Michigan’s Sentencing Guidelines Meet the Legislature’s Goals? A Historical and Empirical Analysis of Prison Terms for Life-Maximum Offenses,” also found that sentences vary widely depending on the sentencing judge and whether a person was found guilty by plea or by jury. It also found that the application of the habitual offender status has led to nonwhite defendants receiving disproportionally longer sentences.
A state sentencing commission tasked with leveling these discrepancies would help make the justice system more equitable for everyone.
Solution
We need to build on the work the Criminal Justice Policy Commission began. The sentencing commission we propose would be charged with the task of reviewing the existing guidelines and suggesting changes to the Legislature that will result in better outcomes These changes could range from targeted changes to recommending entirely new sentencing guidelines for judges.
In December 2024, the Michigan Legislature passed a plan to create the Sentencing Commission. Our work now turns toward the creation of the commission itself, including securing funding, providing technical assistance on implementation, and recommending potential members and staff. We are encouraged that the law establishing the Sentencing Commission specifically calls for the inclusion of one person in the commission who has been formerly incarcerated. We believe it is crucially important that people who have been directly harmed the most by the justice system have a strong and solid voice in finding solutions to improve it.
