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Notable student note on preserving sentencing objections after Booker

By Douglas A. Berman

Anyone who struggles to make sense of sound sentencing procedures after Booker will want to check out this new student note in the Vanderbilt Law Review, which is titled "'Objection: Your Honor Is Being Unreasonable!' ? Law and Policy Opposing the Federal Sentencing Order Objection Requirement."  Here is a section of the Note's introduction: This Note argues that the requirement to object to a judge?s sentencing order should be abolished for two fundamental reasons.  First, the policy arguments against the requirement are stronger: requiring objections (1) promotes frivolous redundancy, (2) creates a procedural pitfall which could result in unfairly higher sentences, (3) works against judicial economy by leading to collateral claims of ineffective assistance of counsel, and (4) is ultimately unnecessary because prevailing parties already have incentive to perfect the record themselves...continue to full post

Full post as published by Sentencing Law and Policy on February 03, 2010 (boomark / email).