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Fear of Judging - Sentencing Guidelines in the Federal Courts (Paperback, New)
Loot Price: R994
Discovery Miles 9 940
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Fear of Judging - Sentencing Guidelines in the Federal Courts (Paperback, New)
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Total price: R1,014
Discovery Miles: 10 140
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For two centuries, federal judges exercised wide discretion in
criminal sentencing. This changed in 1987, when a hopelessly
complex bureaucratic apparatus was imposed on the federal courts.
Though termed Sentencing "Guidelines," the new sentencing rules are
mandatory. Reformers hoped that the Sentencing Guidelines would
address inequities in sentencing. The Guidelines have failed to
achieve this goal, according to Kate Stith and Jose Cabranes, and
they have sacrificed comprehensibility and common sense.
"Fear of Judging" is the first full-scale history, analysis, and
critique of the new sentencing regime. The authors show that the
present system has burdened the courts, dehumanized the sentencing
process, and, by repressing judicial discretion, eroded the
constitutional balance of powers. Eschewing ideological or
politically oriented critiques of the Guidelines and offering
alternatives to the current system, Stith and Cabranes defend a
vision of justice that requires judges to perform what has
traditionally been considered their central task--exercising
judgment.
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