Abstract

http://ssrn.com/abstract=1102512
 
 

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Policing Politics at Sentencing


Stephanos Bibas


University of Pennsylvania Law School

Max M. Schanzenbach


Northwestern University - School of Law

Emerson H. Tiller


Northwestern University - School of Law


Northwestern University Law Review, Vol. 103, pp. 1371, 2009
U of Penn Law School, Public Law Research Paper No. 08-37
Northwestern Public Law Research Paper No. 08-29

Abstract:     
In the recent Booker, Rita, and Gall cases, the Supreme Court continued to loosen federal sentencing law without exploring the implications of broader trial-court sentencing discretion. Drawing on our previous work in positive political theory, this essay argues that binding sentencing guidelines are necessary to constrain trial-court discretion and permit meaningful appellate review. The Court has taken too rosy a view of trial-court sentencing discretion, undervaluing appellate review as a check on policy and ideological variations. Moreover, its case law discourages the transparency needed for appellate review and public scrutiny. Finally, this essay considers what guideline sentencing ought to look like if we could build it from scratch.

Number of Pages in PDF File: 28

Keywords: criminal law and procedure, sentencing, guidelines, discretion

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Date posted: March 7, 2008 ; Last revised: November 12, 2009

Suggested Citation

Bibas, Stephanos and Schanzenbach, Max M. and Tiller, Emerson H., Policing Politics at Sentencing. Northwestern University Law Review, Vol. 103, pp. 1371, 2009; U of Penn Law School, Public Law Research Paper No. 08-37; Northwestern Public Law Research Paper No. 08-29. Available at SSRN: http://ssrn.com/abstract=1102512

Contact Information

Stephanos Bibas
University of Pennsylvania Law School ( email )
3501 Sansom Street
Philadelphia, PA 19104
United States
215-746-2297 (Phone)
HOME PAGE: http://www.law.upenn.edu/cf/faculty/sbibas/
Max Matthew Schanzenbach (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
Emerson H. Tiller
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
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