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Potent scholarship about reasonableness review and sentence explanations

By Douglas A. Berman

The University of Chicago Law Review has published this new comment, titled "Determining 'Reasonableness' without a Reason?: Federal Appellate Review Post?Rita v United States."  As detailed in these passages from the introduction, the piece provides a potent and wise account of how appellate courts should assess procedural reasonableness: This Comment explores the circuits? conflicting readings of the Booker and Rita rulings with respect to the adequacy of judges? sentencing explanations and argues that a sentence is procedurally reasonable only when the appellate court can follow, recreate, and assess the district court?s basis for the sentence. Not only is this conclusion supported by Booker and Rita?s emphasis on the importance of thoroughly reasoned sentencing opinions for the evolution of the Guidelines, but also by the SRA?s focus on increased transparency and rationality in the sentencing process...continue to full post

Full post as published by Sentencing Law and Policy on January 25, 2009 (boomark / email).