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In Booker'S Shadow: Restitution Forces A Second Debate On Honesty In Sentencing, Melanie D. Wilson
In Booker'S Shadow: Restitution Forces A Second Debate On Honesty In Sentencing, Melanie D. Wilson
Scholarly Articles
The Supreme Court's January 2005 decision in Booker should induce Congress to enact legislation to remedy the constitutional invalidity of the MVRA and encourage the Department of Justice to revisit how restitution is charged, indicted, negotiated in plea agreements, proven at trial, and presented at sentencing hearings. The Booker decision is also a reminder to lower federal courts to adhere to the rule announced by the Supreme Court in Hughey v. United States, which limits the reach of orders of restitution. Congress, DOJ, and the federal courts should insist on candor in charging and sentencing to remedy the restitution …