Abstract

http://ssrn.com/abstract=2252105
 


 



The Commission's Legislative Agenda to Restore Mandatory Guidelines


Amy Baron-Evans


Federal Public and Community Defenders

Thomas W. Hillier II


Federal Public Defender Office, Western District of Washington

April 16, 2013

Federal Sentencing Reporter, Forthcoming

Abstract:     
At a point in time when bipartisan Congressional leaders and the Attorney General are joining in a call to address the unsustainable costs and longstanding injustice associated with over-incarceration under mandatory sentencing rules, the United States Sentencing Commission has released a report on the impact of United State v. Booker, calling for a return to the very pre-Booker policies that caused our current crisis. In its rearview report, the Commission sets forth six recommendations to Congress that would constitute a return to a guideline system that is functionally no different than, and every bit as unconstitutional as, the mandatory system struck down in Booker. The proposals would eviscerate judges’ authority to consider the history and characteristics of the defendant and mitigating circumstances of the offense, and would suppress disagreement with the guidelines and policy statements, all contrary to Supreme Court law. If enacted into law, the proposals would result in years of litigation over their constitutionality and wreak havoc with a fully functional sentencing system to which judges, courts of appeals, probation officers, and lawyers have become accustomed over the past eight years.

Number of Pages in PDF File: 32

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Date posted: April 17, 2013 ; Last revised: April 26, 2013

Suggested Citation

Baron-Evans, Amy and Hillier, Thomas W., The Commission's Legislative Agenda to Restore Mandatory Guidelines (April 16, 2013). Federal Sentencing Reporter, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2252105

Contact Information

Amy Baron-Evans (Contact Author)
Federal Public and Community Defenders ( email )
Thomas W. Hillier II
Federal Public Defender Office, Western District of Washington ( email )
No Address Available
United States
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