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Another insightful prosecutorial perspective on modern federal sentencing

By Douglas A. Berman

I noted here a new article by Dan Richman focused on the story of federal prosecutors in the wake of Booker.  I now see on SSRN is this fascinating new piece by Michael Simons in the same vein.  This article is titled "Prosecutors as Punishment Theorists: Seeking Sentencing Justice," and here is the abstract:Federal criminal law in the last 100 years has seen three distinct sentencing eras. Most surveys of these three sentencing eras have focused on the changing power of the judge: from unfettered discretion before the Sentencing Guidelines, to severely restricted discretion under the mandatory guidelines, to our current system of guided discretion under United States v. Booker.  This article, however, focuses on the role of the prosecutor, which has changed dramatically over time...continue to full post

Full post as published by Sentencing Law and Policy on March 09, 2008 (boomark / email).