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Criminal Law

: Sentencing Law and Policy

A must-read on the politics of sentencing on a big election day

By Douglas A. Berman

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Just before I head out to vote, I got an e-mail from Stephanos Bibas with this message: "Max Schanzenbach, Emerson Tiller, and I have just completed and submitted for publication the enclosed essay, entitled Policing Politics at Sentencing.  We hope you'll post it to your blog and welcome comments."  Not only will I happily post the essay below, but here is the abstract for ready reader consumption:ABSTRACT: In the recent Booker, Rita, and Gall cases, the Supreme Court continued to loosen federal sentencing law without exploring the implications of broader trial-court sentencing discretion. Drawing on our previous work in positive political theory, this essay argues that binding sentencing guidelines are necessary to constrain trial-court discretion and permit meaningful appellate review...continue to full post

Full post as published by Sentencing Law and Policy on March 04, 2008 (boomark / email).

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