Guidelines Simplification: Still an Urgent Priority Post-Booker
Michael M. O'Hear
Marquette University - Law School
September 4, 2008
Federal Sentencing Reporter, Vol. 20, 2008
Marquette Law School Legal Studies Paper No. 08-20
This Essay argues that Federal Sentencing Guidelines would benefit from substantial restructuring and simplification. Although the status of the Guidelines has recently changed from mandatory to merely advisory, the Guidelines remain a highly influential part of the federal sentencing process, and their reform remains an urgent priority. Simplified guidelines, as proposed in 2006 by a working group of sentencing experts, would provide fairer sentences, better accommodate new procedural safeguards, and insulate the Guidelines from counterproductive tinkering by the political branches. This Essay appears as part of a forthcoming issue of the Federal Sentencing Reporter (Vol. 20, No. 5) containing advice on sentencing policy for the new President and Congress.
Number of Pages in PDF File: 3
Keywords: sentencing, sentencing guidelines, guidelines, booker
JEL Classification: K14, K42Accepted Paper Series
Date posted: September 5, 2008
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