Tweaking Booker: Advisory Guidelines in the Federal System

51 Pages Posted: 5 May 2006  

Douglas A. Berman

Ohio State University (OSU) - Michael E. Moritz College of Law

Abstract

If writing on a blank slate, few would likely advocate the precise sentencing system resulting from the Supreme Court's decision in Booker. Nevertheless, in this Article, I contend that policymakers should consider playing the peculiar Booker hand that the Court has dealt for federal sentencing. Especially because any significant alteration of the structure of federal sentencing remains legally treacherous and fraught with uncertainty, Congress and the U.S. Sentencing Commission should focus their efforts and energies on improving the advisory guideline system that Booker has produced. I suggest that, though the sentencing scheme created by Booker is far from perfect, a program of modulated incremental changes is likely to provide the soundest course for the post-Booker development of the federal sentencing system.

Keywords: sentence, penal, imprisonment

JEL Classification: K41, K42

Suggested Citation

Berman, Douglas A., Tweaking Booker: Advisory Guidelines in the Federal System. Houston Law Review, Vol. 43, 2006; Ohio State Public Law Working Paper No. 67. Available at SSRN: https://ssrn.com/abstract=900119

Douglas A. Berman (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Street
Columbus, OH 43210
United States
614-688-8690 (Phone)

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