Fear of judging : sentencing guidelines in the federal courts

著者

書誌事項

Fear of judging : sentencing guidelines in the federal courts

Kate Stith and José A. Cabranes

University of Chicago Press, c1998

  • : cloth
  • : pbk

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注記

Includes bibliographical references (p. 249-265) and index

内容説明・目次

巻冊次

: cloth ISBN 9780226774855

内容説明

A full-scale history, analysis and critique of the new sentencing regime is examined in this text, showing how the present system has burdened the courts, dehumanized the sentencing process and by repressing judicial discretion, eroded the constitutional balance of powers. Although termed the new sentencing "guidelines", the new sentencing rules are mandatory and before 1987, when the complex bureaucratic apparatus was imposed, federal judges exercised wide discretion in criminal sentencing. The text argues that the guidelines have failed to achieve their goal of addressing inequities in sentencing and defends a vision of justice that requires judges to perform what has traditionally been considered their central task - exercising justice.
巻冊次

: pbk ISBN 9780226774862

内容説明

A full-scale history, analysis and critique of the new sentencing regime is examined in this text, showing how the present system has burdened the courts, dehumanized the sentencing process and by repressing judicial discretion, eroded the constitutional balance of powers. Although termed the new sentencing "guidelines", the new sentencing rules are mandatory and before 1987, when the complex bureaucratic apparatus was imposed, federal judges exercised wide discretion in criminal sentencing. The text argues that the guidelines have failed to achieve their goal of addressing inequities in sentencing and defends a vision of justice that requires judges to perform what has traditionally been considered their central task - exercising justice.

目次

Preface Introduction Ch. 1: Sentencing Reform in Historical Perspective Ch. 2: The Invention of the Sentencing Guidelines Ch. 3: Judging under the Federal Sentencing Guidelines Ch. 4: The Battle Cry of Disparity Ch. 5: Prospects for the Future A: Sentencing Table of the United States Sentencing Guidelines B: "Relevant Conduct" Guideline C: The Complexity of Criminal History D: How Sentencing Works Notes Bibliography Index

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