Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Yet another potent analysis of Booker's structural impact

By Douglas A. Berman

A new piece now on SSRN creates a troika of must-reads about post-Booker sentencing realities (together with the works recently noted by Dan Richman and Michael Simons).  This new piece comes from Kate Stith and is titled "The Arc of the Pendulum: Judges, Prosecutors, and the Exercise of Discretion."  Here is the abstract:Early analyses of the federal Sentencing Guidelines focused on the transfer of sentencing authority from judges to the Sentencing Commission; more recent analyses have noted the transfer of discretion from judges to prosecutors.  Of equal significance are two other power struggles: between local federal prosecutors and officials in the Department of Justice, and between Congress and the Supreme Court...continue to full post

Full post as published by Sentencing Law and Policy on March 11, 2008 (boomark / email).