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Notable new article on "Appellate Review of Sentence Explanations"

By Douglas A. Berman

I see from this post at Prawfs that Michael O'Hear has another important new piece on SSRN about sentencing explanations.  This new piece is titled "Appellate Review of Sentence Explanations: Learning from the Wisconsin and Federal Experiences," and here is the abstract: For at least half a century, reformers have urged American appellate courts to play a more active role in the sentencing process. Outside a small number of jurisdictions with binding sentencing guidelines, however, the appellate courts have generally failed to establish a meaningful role for themselves. The present article focuses on one particular function that appellate courts might usefully perform: that is, reviewing the adequacy of the explanations given by trial-court judges to justify their sentencing decisions...continue to full post

Full post as published by Sentencing Law and Policy on June 30, 2009 (boomark / email).