March 21, 2007
YLJ Pocket Part on organizational sentencing
Continuing its strong work on covering sentencing issues, the latest installment of The Yale Law Journal's Pocket Part now has three short essays on the prosecution and sentencing of organizations. Here's a summary drawn from an e-mail I received from a helpful YLJ insider:
- The lead piece, by recent YLS grad Timothy Johnson, follows up his YLJ note by arguing that Booker's holding applies to the jury trial rights of organizations.
- Former DOJ lawyers Christopher Wray and Robert Hur respond in this piece; they argue that the organization guidelines have much less effect on corporate behavior than do the decisions of US Attorneys to initiate prosecutions, and they discuss the DOJ's efforts (most recently in the McNulty Memo) to make these charging decisions more transparent, consistent, and predictable.
- Professor Peter Henning adds in this response a call for the Organizational Guidelines to be abolished altogether: "the moment has arrived to put them to rest as a worthy effort whose time simply has passed."
March 21, 2007 at 01:59 PM | Permalink
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Booker's holding applies to the jury trial rights of organizations.
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