In Search of a Rational Sentence: A Return to the Concept of Appellate Review
Kutak, Robert J. & Gottschalk, J. Michael
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Abstract
I. Introduction II. Origin and Development of the Non-Review Doctrine … A. Appellate Jurisdiction: Early Judicial Construction … B. Supreme Court Precedents: Emerging Requirement of "Individualized" Sentences … C. Current Circuit Positions on "Individualized" Sentences … D. Abandonment of the Non-Review Doctrine III. Sources for a Doctrine of Appellate Review of Sentencing … A. Existing Statutory Exceptions … B. Pending Legislation … C. Reexamination of Judicial Arguments against Review … 1. Does the Trial Judge Have an Advantage? … 2. Should the Trial Judge State His Reasons? … D. Other Non-Legislative Recommendations … E. Recent Congressional Hearings IV. Conclusion and Recommendation Postscript Appendix