Herding Bullfrogs towards a More Balanced Wheelbarrow: An Illustrative Recommendation for Federal Sentencing Post-Booker
The Article argues in favor of shifting the balance in federal sentencing toward a more indeterminate system. By exploring the post-Booker legal landscape at both the federal and state levels, the Article asserts that the judiciary's continued reliance on the “advisory" Guidelines has practically changed federal sentencing procedures very little in form or function. Accordingly, the Article proffers that, rather than insisting upon the Guidelines' immutability, federal sentencing would do well to reflect upon its own history, and the evolution of its state counterparts.
Constitutional Law | Courts | Criminal Law | Criminal Procedure | Judges | Jurisprudence | Law and Society | Legal Profession | Legislation | Litigation
Date of this Version
Brian R. Gallini and Emily Q. Shults, "Herding Bullfrogs towards a More Balanced Wheelbarrow: An Illustrative Recommendation for Federal Sentencing Post-Booker" (September 15, 2006). bepress Legal Series. bepress Legal Series.Working Paper 1763.