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"Trial Penalties in Federal Sentencing: Extra-Guidelines Factors and District Variation"

By Douglas A. Berman

The title of this post is the title of this new must-read empirical work available via SSRN and in print in Justice Quarterly. Here is the abstract: The guarantee of the right to a jury trial lies at the heart of the principles that underlie the American criminal justice system?s commitment to due process of law. We investigate the differential sentencing of those who plead guilty and those convicted by trial in U.S. District Courts.  We first investigate how much of any federal plea/trial sentencing differences are accounted for by substantial assistance to law enforcement, acceptance of responsibility, obstruction of justice, and other Guideline departures.  Second, we investigate how such differences vary according to offense and defendant characteristics, as well as court caseloads and trial rates...continue to full post

Full post as published by Sentencing Law and Policy on April 26, 2010 (boomark / email).