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By Kent Scheidegger et al.

Some New SSRN Articles: Doug Berman at Sentencing Law and Policy has this post with links to two new articles on SSRN. The first article, Prosecutorial Shaming by Adam M. Gershowitz, examines "instances in which appellate courts reverse convictions for serious prosecutorial misconduct but do not identify the names of the prosecutors who committed the misconduct." It then argues that "[t]he naming of prosecutors will shame bad actors, provide a valuable pedagogical lesson for junior prosecutors, and signal to trial judges that certain prosecutors must be monitored more closely to avoid future misconduct." The second article, Guidelines Simplification: Still an Urgent Priority Post-Booker is by Michael M. O'Hear. The article advocates the simplification of Federal Sentencing Guidelines, to "provide fairer sentences, better accommodate new procedural safeguards, and insulate the Guidelines from counterproductive tinkering by the political branches...continue to full post

Full post as published by Crime and Consequences on September 12, 2008 (boomark / email).