Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Columbia Law School

1994

Federal Sentencing Reporter

Articles 1 - 1 of 1

Full-Text Articles in Law

The Sentencing Guidelines As A Not-So-Model Penal Code, Gerard E. Lynch Jan 1994

The Sentencing Guidelines As A Not-So-Model Penal Code, Gerard E. Lynch

Faculty Scholarship

We are accustomed to thinking about the criminal law, and the procedures for enforcing it, as divided into two separate stages. The first stage – the subject of penal codes and jury trials – concerns the definition of culpable conduct and the adjudication of guilt. The second stage – sentencing – concerns the consequences of conviction for the offender. Only rarely do we acknowledge that the conventional separation of these stages into compartments is highly misleading.

The articles in this Issue of FSR address, in one way or another, the extent to which the concerns of the substantive criminal law and the law of ...