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Full-Text Articles in Law

Regulating Local Variations In Federal Sentencing, Stephanos Bibas Oct 2005

Regulating Local Variations In Federal Sentencing, Stephanos Bibas

Faculty Scholarship at Penn Law

Though in theory federal criminal law applies uniformly in all places, in practice federal charging, plea bargaining, and sentencing practices vary widely from place to place. Sentencing disparities are good when they reflect local knowledge about local crime problems and concerns. They are bad when they spring from bias, local lawyers' and judges' hostility to national policy choices or perhaps when they reflect disagreement with federal strategies. This Article critiques fast-track programs, which award huge discounts in immigration and drug cases along the southwest border, as bad variation that undermines the ideal of national uniformity. It then considers the wide ...


The Accelerating Degradation Of American Criminal Codes, Paul H. Robinson, Michael T. Cahill Mar 2005

The Accelerating Degradation Of American Criminal Codes, Paul H. Robinson, Michael T. Cahill

Faculty Scholarship at Penn Law

No abstract provided.


White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas Feb 2005

White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas

Faculty Scholarship at Penn Law

This symposium essay speculates about how Booker's loosening of the Federal Sentencing Guidelines is likely to affect white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will keep white-collar sentencing from growing as harsh as drug sentencing, but the parallels are nonetheless ominous. The essay suggests that the Sentencing Commission revise its loss-computation rules, calibrate white-collar sentences to their core purpose of expressing condemnation, and adding shaming punishments and apologies to give moderate prison sentences more bite.


Sentencing Decisions: Matching The Decisionmaker To The Decision Nature, Paul H. Robinson, Barbara A. Spellman Jan 2005

Sentencing Decisions: Matching The Decisionmaker To The Decision Nature, Paul H. Robinson, Barbara A. Spellman

Faculty Scholarship at Penn Law

No abstract provided.


Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky Jan 2005

Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky

Faculty Scholarship at Penn Law

No abstract provided.