U.S. Sentencing Commission Plan
This is a panel discussion of the Basic Plan of the U.S. Sentencing Commission. The plan, which was adopted by Congress in November… read more
This is a panel discussion of the Basic Plan of the U.S. Sentencing Commission. The plan, which was adopted by Congress in November 1987, establishes guidelines for all federal offenses. Hence, what is at issue in the debate is the tension between equality and discretion in sentencing felons. Both Breyer and Nagel are for the plan, arguing that it creates consistency in sentencing. Nagel especially finds such consistency beneficial as it helps to eliminate those instances where sentencing was affected by race, sex, or class. MacCarthy, on the other hand, opposes the plan for two reasons. First, he argues that it will eliminate the discretion of trial judges leaving us with “sentencing by robotics.” Secondly, he argues that such “judicial legislation” violates the separation of powers. close
People in this video
- Stephen G. Breyer Judge U.S. Court of Appeals
- Frank H. Easterbrook Judge U.S. Court of Appeals->Seventh Circuit
- Terence MacCarthy Chairman American Bar Association->Criminal Justice
- Ilene Nagel Chairman and CEO U.S. Sentencing Commission
Scope of Federal Criminal Law
A panel discussion entitled Federalism and the Scope of Federal Criminal Law.
Death Penalty, Constitution & Criminal Law
Panelists discussed the death penalty and its application.
Pres. Reagan Addresses Federalist Society
Separation of Powers
Several judges spoke in a forum during the 1993 national workshop for Judges of the U.S. Court of Appeals on the…