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White-Collar Plea Bargaining and Sentencing after Booker

Stephanos Bibas
University of Pennsylvania Law School

William and Mary Law Review, Vol. 47, p. 721, 2005
U of Penn Law School, Public Law Research Paper No. 09-03

Abstract:
This symposium essay speculates about how Booker's loosening of the Federal Sentencing Guidelines is likely to affect white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will keep white-collar sentencing from growing as harsh as drug sentencing, but the parallels are nonetheless ominous. The essay suggests that the Sentencing Commission revise its loss-computation rules, calibrate white-collar sentences to their core purpose of expressing condemnation, and adding shaming punishments and apologies to give moderate prison sentences more bite.

Keywords: Criminal sentences, Federal Sentencing Guidelines, white collar crime, plea bargaining, Apprendi, Blakely, Booker, Sarbanes-Oxley

JEL Classifications: K14, K42

Accepted Paper Series

Date posted: February 19, 2009 ; Last revised: May 12, 2009

Suggested Citation

Bibas, Stephanos, White-Collar Plea Bargaining and Sentencing after Booker (2005). William and Mary Law Review, Vol. 47, p. 721, 2005; U of Penn Law School, Public Law Research Paper No. 09-03. Available at SSRN: http://ssrn.com/abstract=1346390

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Contact Information

Stephanos Bibas (Contact Author)

University of Pennsylvania Law School ( email )

3400 Chestnut Street
Philadelphia, PA 19104-6204
United States
215-746-2297 (Phone)

HOME PAGE: http://www.law.upenn.edu/cf/faculty/sbibas/