The Champion

March 2012 , Page 5 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

No Need for a Booker Fix (From the President)

By Lisa M. Wayne

Read more From the President columns.

There is no need to reverse course and return to the dark days of the mandatory federal sentencing regime that the U.S. Supreme Court held unconstitutional in United States v. Booker. No one would argue that the U.S. Sentencing Guidelines are perfect. The shift to advisory guidelines following Booker, however, has advanced the goals of the Sentencing Reform Act and resulted in a more reasonable federal sentencing system. It is true that the sentencing system needed a fix, and the fix came through the Booker decision.

Recent and not-so-recent proposals call for a return to a system of mandatory, or at least more binding, guidelines. These calls are not coming from the judges, prosecutors, and defense attorneys operating within the system on a daily basis — they overwhelmingly agree that the impact of Booker has been positive. Rather, the calls are from the U.S. Sentencing Commission itself, seeking to impose stricter adherence to its dictates, and a variety of polit

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.
login

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.

In This Section

Advertisement Advertise with Us
ad