Criminal Sentences: Law without Order called for the development of a code of sentencing law to guide judges at sentencing, but Judge Frankel did not provide extensive details about what ideal sentencing law might look like. Now, sentencing is replete with law as legislatures have enacted an array of elaborate mandatory sentencing statutes, and sentencing commissions
have created intricate systems of detailed sentencing guidelines. But does modern sentencing law incorporate and weigh sentencing “inputs” effectively and appropriately? Criminal Sentences: Law without Order also expressed deep concerns about disparities and potential discrimination in sentencing decision-making and about the potential misuse or over-reliance on prison punishments. But the data on sentencing patterns and incarceration levels suggest continued reasons to worry about disparities in sentencing and excessive use of prison punishments. Do guideline structures reduce or actually aggravate racial disparities, and have they
significantly contributed to sentencing severity and mass incarceration?
SPEAKERS:
Douglas Berman, Newton D. Baker-Baker & Hostetler Chair in Law; Executive Director of the Drug Enforcement and Policy Center, Moritz College of Law at The Ohio State University
Magistrate Judge Jennifer Willis, U.S. District Court, Southern District of New York
David Patton, Executive Director, Federal Defenders of New York for
the Southern and Eastern Districts of New York
MODERATOR:
Jelani Jefferson Exum, Dean, School of Law, Philip J. McElroy Professor of Law, University of Detroit Mercy
This panel was part of "Frankel at 50: A Half-Century’s Perspective on Criminal Sentences: Law Without Order," hosted by the Drug Enforcement and Policy Center, the Council on Criminal Justice, the Federal Sentencing Reporter and the New York City Bar Association. The event was held in person on Monday, April 24, 2023 at the New York City Bar Association.
Негізгі бет Frankel at 50 | Troubles with Guidelines’ Substance: Inputs and Outputs
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