Abstract

http://ssrn.com/abstract=922093
 


 



Rediscovering Retribution: Understanding Punishment Theory after Blakely


Laura I. Appleman


Willamette University College of Law


Federal Sentencing Reporter, Vol. 18, No. 4, pp. 247-249, April 2006

Abstract:     
Blakely will surely transform our sentencing policies in both large and small ways. But before the courts further interpret and apply Blakely, a fuller understanding of the underlying punishment theory is necessary. Accordingly, this short article attempts to paint a brief picture of the past and future of sentencing theory. I argue that the core of Blakely relies on an unarticulated theory of community based retribution, one that should inform our understanding of criminal punishment in sentencing as we go forward.

Number of Pages in PDF File: 5

Keywords: sentencing, punishment, blakely, retribution, criminal law

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Date posted: August 8, 2006  

Suggested Citation

Appleman, Laura I., Rediscovering Retribution: Understanding Punishment Theory after Blakely. Federal Sentencing Reporter, Vol. 18, No. 4, pp. 247-249, April 2006. Available at SSRN: http://ssrn.com/abstract=922093

Contact Information

Laura I. Appleman (Contact Author)
Willamette University College of Law ( email )
245 Winter St. SE
Salem, OR 97301
United States
(503) 370-6651 (Phone)
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