The reason behind the rules: finding and using the philosophy of the federal sentencing guidelines.

American Criminal Law Review, January, 2003 by Paul J. Hofer

I. INTRODUCTION

A. Finding and Using the Federal Philosophy of Sentencing B. How the Guidelines' Philosophy Got Lost 1. The Critics Speak 2. The Root of the Problem 3. The Original Commission's Compromises and Accommodations II. THE PROJECT OF RATIONAL RECONSTRUCTION A. The Consequences of Philosophy-Free Guidelines 1. The Empty Idea of Disparity 2. Missing Criteria for Evaluation 3. Weakened Rational Decision-making 4. Missing Tools for Legal Reasoning B. The Method of Rational Reconstruction C. Sources of the Guidelines' Philosophy 1. The SRA and Mistretta 2. The Guidelines and Commentary 3. General Justifying Aims Versus Specific...