September 13, 2006
Latest FSR issue develops model federal guidelines
I am pleased to report that another Federal Sentencing Reporter issue is off to press. This issue (Volume 18, No. 5) is entitled "Toward Real Reform: The Constitution Project Recommendations; Model Federal Sentencing Guidelines." The heart of the Issue is an ambitous project engineered by FSR editor Frank Bowman to develop a set of Model Sentencing Guidelines for the federal system.
Though not yet available fully on-line, the Issue's contents can be seen on the cover page here: Download fsr185_cover.pdf. Also, the Federal Sentencing Reporter can be ordered here and past issues can be accessed electronically here.
Frank effectively explains and previews the model guidelines project in his opening commentary to Volume 18, No. 5. This piece is entitled "'Tis a Gift to be Simple: A Model Reform of the Federal Sentencing Guidelines," and it can now be accessed via SSRN at this link.
Other recent FSR issues:
- FSR Issue 18.4: Sentencing at the Supreme Court
- FSR Issue 18.3: Taking Stock a Year after Booker
- FSR Issue 18.2: Defense Perspectives on the Post-Booker World
- FSR Issue 18.1: State of Blakely in the States
- FSR Issue 17.5: Is a Booker Fix Needed?
- FSR Issue 17.4: The Booker Aftershock
September 13, 2006 at 12:50 AM | Permalink
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Interesting, but in sentencing, as in most parts of the legislative process, the merits almost always trumps style issues, which are the primary focus of the model guidelines.
Style issues are second bannana, and fortuitous even if they are important in real life applications.
Severity is always going to be the dominant issue. Failure to recognize this, is one of the reasons that naiive backers of the original guidelines, like Justice Breyer, didn't get what they expected.
Posted by: ohwilleke | Sep 18, 2006 5:16:39 PM
Mr. Berman....I am the wife of a federal prisoner who was severly enhanced by the replacement judge at sentencing. The judge who presided over the trial passed away before sentencing. I have been following your blog relative to Blakely and now, hopefully, the Second Chance Act.
Thank you so much for your work.
Posted by: Jean Stafford | Apr 9, 2007 8:06:46 PM