Towards a Common Law of Sentencing: Gall, Kimbrough and the Search for Reasonableness
4 Pages Posted: 20 Jan 2009 Last revised: 1 Feb 2009
Date Written: January 12, 2009
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
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