CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, March 3, 2005

New Article Spotlight: Booker Essay

GreenRoger Craig Green of Temple has posted The Untimely Death (and Rebirth?) of the Federal Sentencing Guidelines on SSRN, to be published soon in the Georgetown Law Journal.  Here's the abstract:

This essay analyzes the Supreme Court's recent decisions concerning the Federal Sentencing Guidelines' constitutionality. I argue that the application of recent 6th Amendment jurisprudence to nonstatutory sentencing rules was a legal error, and one that may carry important political consequences. Especially combined with the Court's remedial decision - to render the Guidelines advisory and require reasonableness review by the courts of appeals - I suggest that the Guidelines Cases may yield an interbranch struggle with Congress over sentencing policy that the Court is not equipped to win.

To obtain a copy of the article, click here.  [Mark Godsey]

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