By John Hagan
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Additional resources for Annual Review of Law and Social Science (2007 Vol 3)
Federal sentencing in the wake of guidelines: unacceptable limits on the discretion of sentencers. Yale Law J. 101(8):1681–754 Fuchs EP, Anderson JE. 1987. The institutionalization of cost-beneﬁt analysis. Public Product. Rev. 10(4):25–33 Gratz v. S. 244 (2003) Grutter v. S. 306 (2003) Hahn RW, Sunstein CR. 2002. A new executive order for improving federal regulation? Deeper and wider cost-beneﬁt analysis. Univ. Penn. Law Rev. 150(5):1489–552 Heimer CA, Staffen LR. 1998. For the Sake of the Children.
Reinventing Rationality. The Role of Regulatory Analysis in the Federal Bureaucracy. New York: Cambridge Univ. Press Miller ML. 2004. Domination and dissatisfaction: prosecutors as sentencers. Stanford Law Rev. 56(5):1211–69 Miller P, Rose N. 1990. Governing economic life. Econ. Soc. 19(1):1–31 Mustard DB. 2001. S. Federal Courts. J. Law Econ. 44(1):285–314 Nagel IH. 1990. Foreword: structuring sentencing discretion: the new Federal Sentencing Guidelines. J. Crim. Law Criminol. 80(4):883–943 Narins CR, Dozier AM, Ling FS, Zareba W.
Under the guidelines regime, more defendants are incarcerated, they are issued longer sentences, and they serve longer portions of their sentences. Blumstein & Beck’s (1999, p. ” Scholars and practitioners also agree that the guidelines have not eliminated discretion in sentencing but have merely shifted its location and form. Prosecutors can now largely determine sentencing because they control which and how many charges to ﬁle; prosecutors also largely determine which facts about a defendant’s crime and criminal history are relevant to sentencing, resulting in fact bargaining; and prosecutors control whether to ﬁle a substantial assistance motion that permits downward departures.
Annual Review of Law and Social Science (2007 Vol 3) by John Hagan