News & Events
Criminal Law Scholar Comments on Supreme Court Decisions Relating to Federal Sentencing Guidelines Available On-Line
Professor Berman comments on Booker and Fanfan cases
January 13, 2005
In an on-line blog, an Ohio State University Moritz College of Law expert is discussing Wednesday’s Supreme Court decisions relating to federal sentencing guidelines. The two cases, United States v. Freddie J. Booker and United States v. Ducan Fanfan, challenge the constitutionality of the guidelines, which were determined to be unconstitutional in June 2004 in Blakely v. Washington.
Professor Douglas Berman, a nationally respected scholar in the fields of criminal law and federal sentencing, writes about federal sentencing issues at his online blog, Sentencing Law and Policy. He says Wednesday’s decision that federal judges do not have to abide by the controversial federal criminal sentencing code adopted in 1987 gives the judges’ greater discretion but he is concerned about potential sentencing disparities in the application of the latest ruling in lower courts.
“I think there is a real reason to be concerned that from jurisdiction to jurisdiction, circuit to circuit,” he says, “we may see some pretty significant variations on how the rules are going to be applied.”
For further discussion on federal sentencing guidelines and the Supreme Court decisions, see Professor Berman’s blog. Berman’s schedule today will limit his ability to speak directly with the press; however reporters may quote him from the many posts on his blog. If you would like to schedule an interview with Professor Berman, call (614) 292-0283.