Description

A full-scale history, analysis and critique of the new sentencing regime is examined in this text, showing how the present system has burdened the courts, dehumanized the sentencing process and by repressing judicial discretion, eroded the constitutional balance of powers. Although termed the new sentencing "guidelines", the new sentencing rules are mandatory and before 1987, when the complex bureaucratic apparatus was imposed, federal judges exercised wide discretion in criminal sentencing. The text argues that the guidelines have failed to achieve their goal of addressing inequities in sentencing and defends a vision of justice that requires judges to perform what has traditionally been considered their central task - exercising justice.

Fear of Judging: Sentencing Guidelines in the Federal Courts

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Paperback / softback by Kate Stith , Jose A. Cabranes

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A full-scale history, analysis and critique of the new sentencing regime is examined in this text, showing how the present... Read more

    Publisher: The University of Chicago Press
    Publication Date: 01/10/1998
    ISBN13: 9780226774862, 978-0226774862
    ISBN10: 0226774864

    Number of Pages: 290

    Non Fiction , Law , Education

    Description

    A full-scale history, analysis and critique of the new sentencing regime is examined in this text, showing how the present system has burdened the courts, dehumanized the sentencing process and by repressing judicial discretion, eroded the constitutional balance of powers. Although termed the new sentencing "guidelines", the new sentencing rules are mandatory and before 1987, when the complex bureaucratic apparatus was imposed, federal judges exercised wide discretion in criminal sentencing. The text argues that the guidelines have failed to achieve their goal of addressing inequities in sentencing and defends a vision of justice that requires judges to perform what has traditionally been considered their central task - exercising justice.

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