In 1972, Judge Marvin Frankel wrote that "the almost wholly unchecked and sweeping powers we give to judges in fashioning of sentences are terrifying and intolerable for a society that professes devotion to the rule of law." In part as a response to this bitter criticism, the last 20 years have seen considerable academic and legislative attention to sentencing issues. In particular, a powerful movement for more determinate sentencing has resulted in the adoption of federal sentencing guidelines. Today, many judges denounce the lack of sentencing discretion in terms as strong as those used by Judge Frankel in denouncing its excess.
This seminar will begin with a consideration of the purposes of sentencing, and the rationales for determinate and indeterminate sentencing regimes. We will then proceed to consider a variety of issues arising under the federal guidelines. The overall emphasis will be on issues relevant to the development of a rational, humane, and effective sentencing system.
Section Offerings for 2012-13
|D. Richman ...||T 6:20 PM-8:10 PM||GRHL 304|
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