Download or read book The Booker Decision and Discrimination in Federal Criminal Sentences written by Andrew Nutting and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: I test how federal criminal sentences changed after the Supreme Court decision U.S. v. Booker changed the sentencing guidelines from “mandatory” to “advisory.” Conditional on final guideline cell, results show Booker significantly reduced sentences, especially for women and defendants with a terminal high school degree, but less so for college graduates. This suggests discrimination among federal judges. When accounting for judges' control over final offense level, evidence regarding high school graduates and college graduates is unchanged, but evidence that sentences fell for women and the default group weakens substantially. This latter result suggests, perhaps, a new methodology by which judges applied offense levels and guideline-conditional sentences post-Booker.

Download or read book Implications of the Booker Fanfan Decisions for the Federal Sentencing Guidelines written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security and published by . This book was released on 2005 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Implications of the Booker Fanfan Decisions for the Federal Sentencing Guidelines written by Howard Coble and published by . This book was released on 2005-09 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: Witnesses: Christopher Wray, Assist. AG, Dept. of Justice; Richard Hinojosa, U.S. Sentencing Comm.; Daniel Collins, Munger, Tolles, & Olson LLP; & Frank Bowman, III, Indiana Univ. School of Law. Includes material submitted for the record: Letter from the Assoc. of Corp. Counsel; Bus. Civil Liberties, Inc.; The Bus. Roundtable; the Nat. Assoc. of Manufacturers; & the U.S. Chamber of Commerce; Prepared statement of Lawrence Piersol, the Fed. Judges Assoc.; & Letters from: Keith Darcy, Ethics Officers Assoc.; Robert Evans, ABA; Edwin Meese, III, & Philip Heymann, Sentencing Initiatives, The Constitution Project; Kent Scheidegger, Criminal Justice Legal Foundation; & Robert Wilkins & Karl Racine, Veneable LLP. Charts & tables.

Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book United States V Booker written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security and published by . This book was released on 2006 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Three Years Post Booker written by Rae Allison Dorer and published by . This book was released on 2010 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examined the effect of the Booker decision on federal sentencing. In 2005, the Supreme Court ruled in U.S. v. Booker that the federal sentencing guidelines were no longer mandatory merely advisory, restoring judges' discretion in sentencing. To assess the effect of this decision, United States Sentencing Commission (USSC) data from 2002 through 2008 was retrieved, assessed, and analyzed to ascertain possible trends for federal sentencing.

Download or read book Demographic Differences in Federal Sentencing Practices written by and published by . This book was released on 2010 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Implications of the Booker Fanfan Decisions for the Federal Sentencing Guidelines written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2018-02-09 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implications of the Booker/Fanfan decisions for the federal sentencing guidelines : hearing before the Subcommittee on Crime, Terrorism, and Homeland Security of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, first session, February 10, 2005.

Download or read book Race and the Jury written by Hiroshi Fukurai and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely volume, the authors provide a penetrating analysis of the institutional mechanisms perpetuating the related problems of minorities' disenfranchisement and their underrepresentation on juries.

Download or read book Conceptualizing Booker written by Douglas A. Berman and published by . This book was released on 2006 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's decision in United States v. Booker appears to be a two-headed monster and a conceptual monstrosity. In Booker, dual 5-4 majorities issued dueling opinions in which the Supreme Court first held that the operation of the federal guidelines as mandatory sentencing rules violated the Sixth Amendment jury trial right, but then crafted a remedy that rendered the guidelines advisory and thus greatly enhanced the sentencing power of judges. Read independently, each majority opinion in Booker seems conceptually muddled; read together, the two Booker rulings seem almost conceptually nonsensical. Yet, viewed from a functional perspective, the Booker decision makes more conceptual sense than it may at first appear. Though a deeply fractured Supreme Court has not been able to work together to forge a clear sentencing jurisprudence, some sound sentencing concepts can be identified within both majority opinions in Booker. Booker comes into sharper conceptual focus when located within broader stories about sentencing reform and constitutional jurisprudence. Reflecting on sentencing history and recent reforms, this article suggests a simple idea that helps unlock the conceptual mystery presented by Booker: sentencing is a distinct enterprise in the criminal justice system - and thus should permit a distinct constitutional structure - if and only when sentencing decision-makers are exercising reasoned judgment. Building on this concept, this Article explains how the two parts of the Booker opinion can be conceptually harmonized around the idea that broad judicial power at sentencing can be justified if and only when judges are exercising reasoned judgment. In other words, Booker's conceptual core - what we might call the Tao of Booker - is best understood not in terms of vindicating the role of juries and the meaning of the Sixth Amendment's jury trial right, but rather in terms of vindicating the role of judges and the meaning of sentencing as a distinct criminal justice enterprise defined and defensible in terms of the exercise of reasoned judgment. Conceptualizing Booker as a decision vindicating the role of judges exercising reasoned judgment at sentencing has important implications for the Supreme Court's still developing Sixth Amendment jurisprudence and for how lower courts should approach federal guideline sentencing after Booker.

Download or read book The Social Contexts of Criminal Sentencing written by Martha A. Myers and published by Springer. This book was released on 1987-05-26 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, the announcement and invocation of criminal penalties were public spectacles. Today, fear of crime and disaffection with the criminal justice system guarantee that this public fascination with punishment continues. In the past decade, virtually every legislature in the country has undertaken sentencing reform, in the hope that public concern with crime would be allayed and dispari ties in criminal sentences would be reduced if not eliminated. Scholars have intensified their longstanding preoccupation with discrimination and the sources of disparate treatment during sentencing - issues that continue to fuel contem porary reform efforts. As documented in Chapter 1, empirical research on sen tencing has concentrated much of its attention on the offender. Only recently have attempts been made to imbed sentencing in its broader organizational and social contexts. Our study extends these attempts by quantitatively analyzing the relationship between the offender and the social contexts in which he or she is sentenced. We use data on felony sentencing in Georgia between 1976 and 1985 to ask three questions. The first addresses an issue of perennial concern: during sentencing, how important are offender attributes, both those of explicit legal relevance and traits whose legal relevance is questionable or nonexistent? The second question directs attention to the social contexts of sentencing and asks whether they directly affect sentencing outcomes.

Download or read book Racial Discrimination in the Sentencing Phase of the Federal Criminal Justice System written by Kira E. Wagner and published by . This book was released on 2010 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Demographic Differences in Federal Sentencing Practices written by United States Sentencing Commission and published by Createspace Independent Publishing Platform. This book was released on 2017-05-31 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2006, the United States Sentencing Commission1 undertook a review of the impact on federal sentencing of the Supreme Court's decision in United States v. Booker.2 In March 2006, the Commission published the results of that review in the Final Report on the Impact of United States v. Booker on Federal Sentencing.3 As part of that report, the Commission performed an analysis of data from the federal courts to examine whether differences in the length of sentences imposed on offenders were correlated with demographic characteristics of those offenders. Based on continued interest in this issue, and in response to specific requests to update its prior analysis, the Commission has now repeated the analysis used for the Booker Report with additional data and has also developed a second methodology to examine that data. This report presents the results of that work. This report focused on three separate time periods which together spanned the time between May 1, 2003, and September 30, 2009. The Commission found a correlation between the length of sentences imposed on some groups of offenders and the demographic characteristics of those offenders. These differences were not present in all time periods under study and differed in magnitude in the time periods in which they were observed.

Download or read book Prevalence of Imprisonment in the U S Population 1974 2001 written by Thomas P. Bonczar and published by Good Press. This book was released on 2019-12-18 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Prevalence of Imprisonment in the U.S. Population, 1974-2001" by Thomas P. Bonczar. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.

Download or read book Sentencing Law and Policy written by Nora V. Demleitner and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading text in criminal law, co-authored by leading scholars in the field, Sentencing Law and Policy draws from extensive sources to present a comprehensive overview of all aspects of criminal sentencing. Online integration with sentencing commissions, thorough treatment of current case law, and provocative notes and questions, stimulate students to consider connections between disparate institutions and examine the purposes and politics of the criminal justice system. The Third Edition has been updated to include recent developments in sentencing case law and provocative discussions of policy debates across a wide range of topics, including discretion in sentencing, race, death penalty abolition, state sentencing guidelines, second-look policies, the impact of new technologies, drug courts and much more. Features: Authors are among the leading sentencing scholars in the United States. Demleitner and Berman are editors of the leading sentencing journal, Federal Sentencing Reporter. Berman is the blog master of the leading sentencing blog, with huge readership. Intuitive organization tracks the process that occurs in every criminal sentencing. Each chapter draws on the most relevant examples from three distinct sentencing worlds: guideline-determinate, indeterminate, and capital. Wide-ranging source materials, including: U.S. Supreme Court decisions. Cases from state high courts, federal appellate courts, and foreign jurisdictions. Statutes and guidelines provisions. Reports and data from sentencing commissions and other agencies. Problems and questions in text are integrated with websites of sentencing commissions, such as the site for the U.S. Sentencing Commissions (www.ussc.gov). Challenging questions ask students to compare institutions and consider the connections between specific sentencing rules and the purposes and politics of criminal justice, emphasizing the effects of sentencing. Notes tell students directly what are the most common practices in U.S. jurisdictions. Instructorsand’ website (www.sentencingbook.net) provides the Teacherand’s Manualand—available only electronically on the siteand— with additional teaching materials to be posted as needed. Studentsand’ website (www.sentencingbook.com) features longer collections of rules and guidelines, statutes, case studies, recent articles, practice problems, sample exams, and a virtual library. Thoroughly updated, the revised Third Edition includes: New Supreme Court cases, including Gall, Kimbrough, Padilla (6th Amendment), and Kennedy (child rape sentencing limits). Policy debates over mass incarceration, the relevance of the budget crisis, and the state-level variation in deincarceration. Shifting authority among key actors in the crack penalty/crack reform debate, including the Fair Sentencing Act (FSA). Expanded core study of discretion in sentencing and attention to race in sentencing, with a close study of the North Carolina Racial Justice Act and the emergence of and“racial impact statementsand” about existing systems and proposed legislation ina number of states. Death penalty abolition. Developments in state sentencing guidelines, noting stand-still in new states, and the relevance of the ALI MPC project. Emergence of and“second lookand” policy discussions, the troubled debate over the theory, operation and impact of parole systems, and the and“supervised releaseand” that has come to replace traditional parole. Discussion of new technologies, developm

Download or read book Fear of Judging written by Kate Stith and published by University of Chicago Press. This book was released on 1998-10 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: For two centuries, federal judges exercised wide discretion in criminal sentencing. In 1987 a complex bureaucratic apparatus termed Sentencing "Guidelines" was imposed on federal courts. FEAR OF JUDGING is the first full-scale history, analysis, and critique of the new sentencing regime, arguing that it sacrifices comprehensibility and common sense.

Download or read book The Effect of the Supreme Court s Ruling of U S V Booker On Sentence Length in the District of Connecticut written by Gregory Campos and published by . This book was released on 2017 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: United States v. Booker, 543 U.S. 220 (2005), was a landmark Supreme Court Case that made the Federal Sentencing Guidelines advisory rather than mandatory. Prior to this ruling, U.S. District Judges had limited options if they wanted to sentence outside of the guidelines (also called a departure). The purpose of this study is to examine what effect, if any, an advisory guideline has had on sentence length in the District of Connecticut. It is this writer's belief that sentence lengths for the crimes prosecuted in Connecticut U.S. District Courts have dropped since the Booker ruling in 2005. The reasoning for this is, while Judges wanted some guidelines in place, they did not want to lose their ability to form appropriate sentences based on the facts presented to them. The nature of the mandatory sentencing guidelines created limitations on the Judge's ability to use their years of training and education to impose just sentences. This hypothesis was evaluated two ways. First, there was a comparison of the mean sentence length for all crimes prosecuted in the District of Connecticut prior to the Booker decision (1999-2004) and after (2006-2011). Second, there was a comparison of the mean sentence length for drug and firearm cases during the same two time periods. A third hypothesis was evaluated. Given that the guidelines were intended to create parity in sentencing it should be expected that reduction of mean sentence lengths will remain consistent during the studied timeframe for white and black defendants. The results of the data analysis showed a reduction in mean sentence length, a reduction in firearm and drug sentence length overall, and a reduction when comparing black and white sentence length. The results in this study could be used to improve sentencing outcomes for defendants who are sentenced under the guidelines.