Winter 2011 Class Descriptions
As of 12/17/2014 5:10:22 AM
Fed Sentencing: Evol&Dynamics
Federal Sentencing: Its Evolution and Dynamics
The Sentencing Reform Act of 1984 requires sentencing judges to select a sentence "sufficient, but not greater than necessary" to achieve the goals of 18 U.S.C.
We will examine the evolution of federal sentencing over the last forty years. The Sentencing Reform Act of 1984 will be a focal point as we explore its impact on the course of sentencing. The seminar will consider sentencing within the framework of the Sixth Amendment; mitigating factors; disparity within federal sentences and disparity between state and federal sentences; the equities and application of the death penalty and whether the goal of deterrence is served by capital punishment; the role of judicial discretion and appellate oversight; the effect of greater knowledge concerning what motivates and controls criminal behavior, on sentencing policies; the role of presidential pardons and commutations of sentences on judicial determinations of sufficient sentences; and, policy solutions to the reduction of the prison population. The seminar will have as its underlying theme, the continuing struggle that exists to achieve just, effective and constitutional sentences.