Legal Definitions - upward departure

Definition: Upward departure is a term used in federal sentencing guidelines. It refers to a court's decision to impose a harsher sentence than what the standard guidelines suggest. This happens when the court finds that the criminal's history did not take into account additional offenses committed while the prisoner was out on bail.

Example: For instance, if a person is convicted of a crime and is out on bail, but then commits another crime, the court may decide to impose a harsher sentence than what the guidelines suggest. This is an upward departure.

This term is important because it shows that judges have some discretion in sentencing, and they can take into account factors that are not explicitly mentioned in the guidelines.