Abstract

http://ssrn.com/abstract=900119
 
 

Citations (1)



 
 

Footnotes (154)



 


 



Tweaking Booker: Advisory Guidelines in the Federal System


Douglas A. Berman


Ohio State University (OSU) - Michael E. Moritz College of Law


Houston Law Review, Vol. 43, 2006
Ohio State Public Law Working Paper No. 67

Abstract:     
If writing on a blank slate, few would likely advocate the precise sentencing system resulting from the Supreme Court's decision in Booker. Nevertheless, in this Article, I contend that policymakers should consider playing the peculiar Booker hand that the Court has dealt for federal sentencing. Especially because any significant alteration of the structure of federal sentencing remains legally treacherous and fraught with uncertainty, Congress and the U.S. Sentencing Commission should focus their efforts and energies on improving the advisory guideline system that Booker has produced. I suggest that, though the sentencing scheme created by Booker is far from perfect, a program of modulated incremental changes is likely to provide the soundest course for the post-Booker development of the federal sentencing system.

Number of Pages in PDF File: 51

Keywords: sentence, penal, imprisonment

JEL Classification: K41, K42

Accepted Paper Series


Download This Paper

Date posted: May 5, 2006  

Suggested Citation

Berman, Douglas A., Tweaking Booker: Advisory Guidelines in the Federal System. Houston Law Review, Vol. 43, 2006; Ohio State Public Law Working Paper No. 67. Available at SSRN: http://ssrn.com/abstract=900119

Contact Information

Douglas A. Berman (Contact Author)
Ohio State University (OSU) - Michael E. Moritz College of Law ( email )
55 West 12th Street
Columbus, OH 43210
United States
614-688-8690 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 2,157
Downloads: 139
Download Rank: 117,487
Citations:  1
Footnotes:  154

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.485 seconds