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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 José 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.
- Sales Rank: #1156100 in Books
- Published on: 1998-10-01
- Released on: 1998-10-01
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x .90" w x 6.00" l, .88 pounds
- Binding: Paperback
- 290 pages
From Library Journal
At first glance, one is tempted to conclude that this rather imposing work is some kind of manual for judicial policy wonks, with the literary quality of a metropolitan phone book. On the contrary, it is actually an impressive illustration of public policy analysis at its finest. As they weave their tale of how our society still struggles with the fear of unbridled discretion on the part of federal judges, Stith (Yale Law Sch.) and Cabranes (U.S. Court of Appeals, Second Circuit, NY) scrutinize the power and discretion of federal courts and federal judges; the public's concern with law and order; separation of powers; the impact, intended and otherwise, of legal reforms; and more. Of special significance is the authors' analysis of the impact of mandatory sentencing guidelines on the role of the judge and on the law itself. Highly recommended for all academic libraries and specialized collections in law and public policy.?Stephen Shaw, Northwest Nazarene Coll., Nampa, ID
Copyright 1998 Reed Business Information, Inc.
Review
They provide a straightforward, accessible explanation of how federal sentencing works and then argue that judges should be freed from such rigid constraints.... To be sure, a common law of sentencing would be simpler than codified guidelines that, like the tax code, must cover all contingencies. But simplicity risks disparity, as different judges could impose different sentences for identical crimes. Ms. Stith and Mr. Cabranes duck the hard tradeoffs lurking here by appealing vaguely to the common-law tradition of "the judge's application of general principles to specific facts." -- The Wall Street Journal, Paul G. Cassell
About the Author
Stith, a former federal prosecutor in New York City and Washington, D.C., is the Lafayette S. Foster Professor of Law at Yale Law School.
Cabranes serves on the United States Supreme Court of Appeals for the Second Circuit in New York.
Most helpful customer reviews
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A neglected topic subjected to incisive scrutiny
By On the Road Again
Kate Stith's and Jose Cabrane's Fear of Judging addresses an undertreated topic regarding how we the public set the standard for what is appropriate punishment for criminal offenders. The book examines the bipartisan politics that led to the establishment of the Sentencing Commission and the Commission's overreaching zeal to raise criminal incarceration penalties under the unachievable guise of making punishment equal to all criminals with matching degrees of culpability. The book demonstrates how parity of sentencing remains as elusive as ever while the net effect of the Sentencing Commission guidelines has been to merely augment the amount of time criminals serve and to hinder involved judges from making responsible additions or subtractions in sentencing decisions that would be in the best interests of all. Sentencing commissions guidelines attempt to reduce the judicial process to mathematical abstractions and yet the abstractions remain far too vague and abstruse to allow for any degree of equitable judgment. The book reduces the Sentencing Commission's pronouncements as severely interfering with the process of the fair establishment of criminal sentences.
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