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
Suggested Citation: 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