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Series

Columbia Law School

Criminal Law

2008

Sentencing

Articles 1 - 2 of 2

Full-Text Articles in Law

Federal Sentencing In 2007: The Supreme Court Holds – The Center Doesn't, Daniel C. Richman Jan 2008

Federal Sentencing In 2007: The Supreme Court Holds – The Center Doesn't, Daniel C. Richman

Faculty Scholarship

This essay takes stock of federal sentencing after 2007, the year of the periphery. On Capitol Hill, Attorney General Alberto Gonzales resigned in the face of widespread criticism over his role in the replacement of several U.S. Attorneys. In the Supreme Court, the trio of Rita v. United States, Gall v. United States, and Kimbrough v. United States clarified and perhaps extended the breadth of license given to district judges in an advisory guideline regime. In contrast to the Supreme Court's sentencing cases, which focus on the allocation of authority between judges and juries, and the bulk of ...


Federal Sentencing In 2007: The Supreme Court Holds – The Center Doesn't, Daniel C. Richman Jan 2008

Federal Sentencing In 2007: The Supreme Court Holds – The Center Doesn't, Daniel C. Richman

Faculty Scholarship

This article takes stock of federal sentencing after 2007, the year of the periphery. On Capitol Hill, Attorney General Gonzales discovered that U.S. Attorneys can bite back – at least when Congress wants them to. In the Supreme Court, the trio of Rita v. United States, Gall v. United States, and Kimbrough v. United States enshrined the reasonable district court as the ineffable place where federal criminal policy, sentencing philosophy and individualized judgment merge. In contrast to the Supreme Court's sentencing cases, which focus on the allocation of authority between judges and juries, and the bulk of the sentencing ...