Towards a Common Law of Sentencing: Gall, Kimbrough and the Search for Reasonableness
Laura I. Appleman
Willamette University College of Law
January 12, 2009
Federal Sentencing Reporter, Vol. 21, No. 1, 2008
The recent Supreme Court opinions in Gall and Kimbrough failed to clarify the long-open question of defining" reasonableness" in the Federal Sentencing Guidelines following Booker. However, if we abandon the fruitless search for reasonableness and focus instead on the creation of a federal sentencing common law, Gall and Kimbrough have much to offer.
Number of Pages in PDF File: 4
Keywords: federal sentencing guidelines, reasonableness, Booker, Gall, Kimbrough, sentencing common law
JEL Classification: K14Accepted Paper Series
Date posted: January 20, 2009 ; Last revised: February 1, 2009
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