Playing with Post-Booker Fire: The Dangers of Increased Judicial Discretion in Federal White Collar Sentencing.
The Journal of Corporation Law 2007, Spring, 32, 3
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Publisher Description
I. INTRODUCTION Federal criminal sentencing is currently at a crossroads. Following the Supreme Court's decision to render the federal sentencing guidelines merely advisory rather than mandatory in United States v. Booker, (1) sentencing reform is once again a possibility. This reform will most likely come in areas of great sentencing disparity or where the public and Congress feel offenders are not punished harshly enough. This Note analyzes, in game theory terms, (2) the possibility of federal sentencing reform in white collar crime cases, specifically, the imposition of mandatory minimums for certain corporate crimes.
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