Marvin Frankel’s Mistakes and the Need to Rethink Federal Sentencing

22 Pages Posted: 23 Apr 2009

See all articles by Lynn Adelman

Lynn Adelman

U.S. District Court - Eastern District of WI

Jon Deitrich

United States District Court, Milwaukee

Date Written: April 22, 2009

Abstract

In this article, we criticize the ideas of Marvin Frankel, a former law professor and judge, who is generally considered to be the intellectual father of the federal sentencing guidelines. We argue that the flaws in Frankel’s approach to sentencing led directly to the failure of the guidelines. We welcome the recent Supreme Court decisions expanding district judges’ sentencing discretion but express doubt that they will be sufficient to eliminate the excessive harshness of the present system. Finally, we advocate establishing a system of discursive rather than numerical guidelines.

Keywords: Frankel, federal sentencing, federal sentencing guidelines, reform of federal sentencing

Suggested Citation

Adelman, Lynn and Deitrich, Jon, Marvin Frankel’s Mistakes and the Need to Rethink Federal Sentencing (April 22, 2009). Available at SSRN: https://ssrn.com/abstract=1393469 or http://dx.doi.org/10.2139/ssrn.1393469

Lynn Adelman (Contact Author)

U.S. District Court - Eastern District of WI ( email )

United States Courthouse
517 E. Wisconsin Avenue Room 364
Milwaukee, WI 53202
United States

Jon Deitrich

United States District Court, Milwaukee

United States Courthouse
517 E. Wisconsin Avenue Room 364
Milwaukee, WI 53202
United States

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