Fear of Judging: Sentencing Guidelines in the Federal Courts

For Two Centuries, Federal Judges Exercised Wide Discretion In Criminal Sentencing. This Changed In 1987, When A Bureaucratically Determined, Mandatory, Rigid Set Of Rules Was Imposed On The Federal Courts. Reformers Hoped That These Sentencing Guidelines Would Address Inequities In Sentencing: The Guidelines Have Not Only Failed To Achieve This Goal, Kate Stith And Jose Cabranes Contend, They Have Created A New Brand Of Sentencing Disparities. Fear Of Judging Is The First Full-scale History, Analysis, And Critique Of The New Sentencing Regime. In Addition To Their Insightful Critique Of The System, Stith And Cabranes Suggest Workable Alternatives That Address The Problems The Guidelines Were Originally Intended To Remedy, While Avoiding The Pitfalls Of The Current System. Ch. 1. Sentencing Reform In Historical Perspective -- Ch. 2. Invention Of The Sentencing Guidelines -- Ch. 3. Judging Under The Federal Sentencing Guidelines -- Ch. 4. Battle Cry Of Disparity -- Ch. 5. Prospects For The Future. Kate Stith And José A. Cabranes. Includes Bibliographical References (p. 249-265) And Index.