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One of the reasons why post-Booker circuit jurisprudence tends to be pro-prosecution

By Douglas A. Berman

Especially since the Blakely and Booker rulings, I have taken to describing the U.S. Supreme Court to be the most liberal appellate court on non-capital sentencing issues in the country.  Today I discovered a bit of data that in part explains why the federal circuit courts have been so disinclined to apply dynamically the rights and remedies that the Blakely and Booker decision recognize. The data concern the backgrounds of modern federal circuit court judges, and they appear toward the end of this new Washington Post article suggesting that the American Constitution Society (ACS) may become a resource for the Obama Administration in ways that the Federalist Society was for the Bush Administration.  Here's what the Post article reports, with a little context: ACS members ...continue to full post

Full post as published by Sentencing Law and Policy on December 07, 2008 (boomark / email).