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: Sentencing Law and Policy

An important prosecutorial perspective on modern federal sentencing

By Douglas A. Berman

Just posted on SSRN is this terrific looking new article by Dan Richman, titled "Federal Sentencing in 2007: The Supreme Court Holds ?  The Center Doesn't."  Here is the abstract:This article takes stock of federal sentencing after 2007, the year of the periphery.  On Capitol Hill, Attorney General Gonzales discovered that U.S. Attorneys can bite back ? at least when Congress wants them to. In the Supreme Court, the trio of Rita v. United States, Gall v. United States, and Kimbrough v. United States enshrined the reasonable district court as the ineffable place where federal criminal policy, sentencing philosophy and individualized judgment merge.  In contrast to the Supreme Court's sentencing cases, which focus on the allocation of authority between judges and juries, and the bulk of the sentencing literature, which pits prosecutors against judges, the institutional pairing highlighted here is Main Justice vs...continue to full post

Full post as published by Sentencing Law and Policy on February 27, 2008 (boomark / email).