Towards a Common Law of Sentencing: Gall, Kimbrough and the Search for Reasonableness

4 Pages Posted: 20 Jan 2009 Last revised: 1 Feb 2009

Laura I Appleman

Willamette University College of Law

Date Written: January 12, 2009

Abstract

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.

Keywords: federal sentencing guidelines, reasonableness, Booker, Gall, Kimbrough, sentencing common law

JEL Classification: K14

Suggested Citation

Appleman, Laura I, Towards a Common Law of Sentencing: Gall, Kimbrough and the Search for Reasonableness (January 12, 2009). Federal Sentencing Reporter, Vol. 21, No. 1, 2008. Available at SSRN: https://ssrn.com/abstract=1326632

Laura I Appleman (Contact Author)

Willamette University College of Law ( email )

245 Winter St. SE
Salem, OR 97301
United States
(503) 370-6651 (Phone)

Paper statistics

Downloads
65
Rank
285,830
Abstract Views
693