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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.
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