Sentencing Law and Policy: Cases, Statutes, and Guidelines

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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.

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Overview

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.
Instructors’ website (www.sentencingbook.net) provides the Teacher’s Manual—available only electronically on the site— with additional teaching materials to be posted as needed.
Students’ 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 “racial impact statements” 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 “second look” policy discussions, the troubled debate over the theory, operation and impact of parole systems, and the “supervised release” that has come to replace traditional parole.

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Product Details

  • ISBN-13: 9780735536586
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 12/28/2003
  • Edition description: Older Edition
  • Edition number: 1
  • Pages: 804
  • Product dimensions: 7.00 (w) x 9.90 (h) x 1.20 (d)

Table of Contents

Preface
Acknowledgments
1 The Purposes of Punishment and Sentencing 1
A Social Purposes of Sentencing 2
B Purposes in Practical Context 28
2 Who Sentences? 65
A Sentencing in the Courtroom 68
B Legislatures and Commissions 88
C Prosecutors 100
D Appellate Court Guidance 109
3 Regulating Discretion 117
A Sentencing Guideline Structures: Regulating Discretion through Administrative Rules 117
B Capital Punishment: Regulating Discretion through Constitutional Rules 169
4 Sentencing Inputs: The Crime and Its Effects 221
A Which Crime? 222
B Assessing Offense Seriousness 248
C The Role of Victims and the Community 273
5 Sentencing Inputs: The Offender's Record and Background 283
A Prior Criminal Record 284
B The Cooperative Defendant 305
C The Offender's Character and Circumstances 324
6 Procedure and Proof at Sentencing 353
A Constitutional Sentencing Procedures: Trial Versus Sentencing 353
B Procedural Realities 405
7 Sentencing Outcomes: The Scale of Imprisonment 457
A Incarceration Trends 457
B Competing Explanations for Growth 466
C The Human Experience of Prison 483
D Limiting Imprisonment Under the Eighth Amendment 489
8 Sentencing Outcomes: Nonprison Punishments 507
A Traditional Alternatives 508
B Modern Alternative Sanctions 534
C Collateral Sanctions 556
9 Race, Class, and Gender 587
A African Americans in the Criminal Justice System 588
B Native Peoples 614
C Class 633
D Gender 640
10 Alternatives to Criminal Sentences 651
A Diversion Programs 651
B Domestic Violence Protection Orders 661
C Asset Forfeiture 667
D Civil and Administrative Remedies 687
11 Sentences Reconsidered 695
A Judicial Reconsideration of Sentences 695
B Executive Reconsideration of Sentences 738
Table of Cases 793
Table of Statutes, Rules, and Guidelines 797
Index 801
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