“Your Honor, May I Have That in Writing?” – A Proposed Response to Violations of the Federal Sentencing Written Reasons Requirement

42 U. Tol. L. Rev. 705 (2011)

48 Pages Posted: 22 May 2020

See all articles by Judy Clausen

Judy Clausen

University of Florida Levin College of Law

Date Written: 2011

Abstract

A disturbing trend has emerged in our federal courts. District judges are ignoring the statutory mandate to state in writing specific reasons for deviating from the range recommended by the Federal Sentencing Guidelines. Rather than vacating these out-of-range sentences, U.S. Courts of Appeals are affirming the sentences despite the fact that they are imposed in violation of law. This article proposes a solution to this problem.

In Part I, this article explores the historical and legal context for the written reasons requirement. Part II explores two circuit splits surrounding the written reasons requirement. Part III recommends that appellate courts adopt one of two alternative approaches in responding to violations of the written reasons requirement.

Suggested Citation

Clausen, Judy, “Your Honor, May I Have That in Writing?” – A Proposed Response to Violations of the Federal Sentencing Written Reasons Requirement (2011). 42 U. Tol. L. Rev. 705 (2011), Available at SSRN: https://ssrn.com/abstract=3607512 or http://dx.doi.org/10.2139/ssrn.3607512

Judy Clausen (Contact Author)

University of Florida Levin College of Law ( email )

PO Box 357069
Gainesville, FL 32635
United States
19044125999 (Phone)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
12
Abstract Views
326
PlumX Metrics