Criminal Law. Federal Sentencing Guidelines. Ninth Circuit Holds That Shaming Punishment Does Not Violate the Sentencing Reform Act. United States v. Gementera, 379 F.3d 596 (9th Cir. 2004)

2004 ◽  
Vol 118 (2) ◽  
pp. 825 ◽  
Keyword(s):  
United States ◽  
Criminal Law ◽  
Sentencing Guidelines ◽  
Ninth Circuit ◽  
Federal Sentencing Guidelines ◽  
Federal Sentencing ◽  
Sentencing Reform

Federal Sentencing Guidelines and United States v. Booker: Social Context and Sentencing Disparity

2015 ◽  
Vol 29 (1) ◽  
pp. 45-66 ◽  
Author(s):  
Jeffrey S. Nowacki
Keyword(s):  
United States ◽  
Sentence Length ◽  
Sentencing Guidelines ◽  
Aggregate Level ◽  
Political Climate ◽  
Individual Level ◽  
Federal Sentencing Guidelines ◽  
Federal Sentencing ◽  
Race Ethnicity ◽  
Sentencing Outcomes

The United States v. Booker decision rendered Federal Sentencing Guidelines advisory rather than mandatory. In the context of this decision, this study examines both the direct influence of aggregate-level political, community, and administrative variables on sentencing outcomes, and the way that such characteristics might contextualize individual-level predictors. Using multi-level regression techniques, this study examines the role of aggregate-level variables on sentence length decisions across four distinct time periods. Moreover, this article also examines whether aggregate-level variables condition the effects of race/ethnicity on sentencing outcomes. Whereas the direct effects of aggregate-level variables on sentencing outcomes are generally limited to political climate effects, there is evidence that political climate and other aggregate-level measures contextualize individual-level race/ethnicity effects. Future research should seek to better understand the specific mechanisms behind these relationships.

A Judge’s Attempt at Sentencing Consistency After Booker

2021 ◽  
Vol 33 (3) ◽  
pp. 173-183
Author(s):  
Carolin E. Guentert ◽  
Ryan H. Gerber
Keyword(s):  
United States ◽  
New York ◽  
Federal District ◽  
Personal History ◽  
Sentencing Guidelines ◽  
Federal Sentencing Guidelines ◽  
Federal Sentencing

This article examines how Judge Jack B. Weinstein, who served as a federal district judge in the Eastern District of New York for 53 years, approached the issue of consistency in sentencing after the Federal Sentencing Guidelines were rendered advisory in United States v. Booker. It was Judge Weinstein’s practice to publish a statement of reasons for each sentence he imposed, and the article relies on these statements of reason – as well as articles and speeches published by the Judge – to demonstrate how he attempted to ensure that each defendant before him received an individualized sentencing determination, and that comparable cases and sentencing factors were treated consistently. It examines how Judge Weinstein developed a specific sentencing procedure, took into account the personal history and characteristics of each defendant, and considered the need for the sentence in order to avoid unwanted sentencing disparities. It is a condensed version of an article that was originally published in the Cardozo Law Review in 2019.

It's Alive! The Federal Booker-Fix Debate Stirs

2012 ◽  
Vol 24 (5) ◽  
pp. 335-337
Author(s):  
Frank O. Bowman, III
Keyword(s):  
United States ◽  
Sentencing Guidelines ◽  
Federal Sentencing Guidelines ◽  
Federal Sentencing ◽  
Legislative Action ◽  
Near Term ◽  
Institutional Actors ◽  
The U.S

These Editor's Observations introduce Volume 24, Number 5 of the Federal Sentencing Reporter, an issue devoted to renewed discussion in Congress and the U.S. Sentencing Commission about whether there is a need for legislative action to revise or replace the advisory federal sentencing guidelines system judicially created by the U.S. Supreme Court's 2005 decision in United States v. Booker. It describes the basic positions of the main institutional actors, briefly summarizes the articles in the issue, and makes a prediction about the likelihood of action in the near term.

scholarly journals Judge Weinstein's Contributions to Sentencing Law

2021 ◽  
Vol 33 (3) ◽  
pp. 153-154
Author(s):  
Carolin E. Guentert ◽  
Ryan H. Gerber
Keyword(s):  
United States ◽  
New York ◽  
Federal District ◽  
Personal History ◽  
Sentencing Guidelines ◽  
Federal Sentencing Guidelines ◽  
Federal Sentencing

This article examines how Judge Jack B. Weinstein, who served as a federal district judge in the Eastern District of New York for 53 years, approached the issue of consistency in sentencing after the Federal Sentencing Guidelines were rendered advisory in United States v. Booker. It was Judge Weinstein’s practice to publish a statement of reasons for each sentence he imposed, and the article relies on these statements of reason – as well as articles and speeches published by the Judge – to demonstrate how he attempted to ensure that each defendant before him received an individualized sentencing determination, and that comparable cases and sentencing factors were treated consistently. It examines how Judge Weinstein developed a specific sentencing procedure, took into account the personal history and characteristics of each defendant, and considered the need for the sentence in order to avoid unwanted sentencing disparities. It is a condensed version of an article that was originally published in the Cardozo Law Review in 2019.

scholarly journals UNIFIED FORMULA OF PUNISHMENT ON THE EXAMPLE OF CRIMINAL PUNISHMENT

2021 ◽  
Author(s):  
С.Г. Ольков
Keyword(s):  
United States ◽  
Sentencing Guidelines ◽  
Criminal Punishment ◽  
Federal Sentencing Guidelines ◽  
Federal Sentencing

Введение: цель статьи – вывести единую формулу наказания. Полученный фундаментальный научный результат может использоваться как в общей теории права, так и во всех отраслевых юридических дисциплинах для анализа феномена наказания и применения в законотворческой, правоохранительной, судебной деятельности, связанной с применением наказаний. Материалы и методы: эмпирические данные о системах уголовных наказаний (United States Federal Sentencing Guidelines); методы классического математического анализа, геометрические методы – нахождение периметра, площади, объема; построение функций Кобба-Дугласа. Результаты исследования: получена единая формула наказания в виде любой из равнозначных: A – WL или A – LP:2 – L2 или A – WP:2 – W2 и дана ее интерпретация.

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