Navigating the Uncharted Expanse

Marvin Frankel’s landmark book, Criminal Sentences: Law Without Order, sparked a revolution in sentencing across the US and thereafter around the world. Frankel proposed three principal solutions to what he described as essentially a ‘lawless’ process: (i) a permanent independent commission on sente...

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Bibliographic Details
Published inFederal sentencing reporter Vol. 35; no. 4-5; pp. 280 - 287
Main Authors Roberts K.C. (Hon.), Julian V., Freiberg, Arie
Format Journal Article
LanguageEnglish
Published 01.06.2023
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Summary:Marvin Frankel’s landmark book, Criminal Sentences: Law Without Order, sparked a revolution in sentencing across the US and thereafter around the world. Frankel proposed three principal solutions to what he described as essentially a ‘lawless’ process: (i) a permanent independent commission on sentencing; (ii) an articulation of policies or guidelines for judges to follow, and (iii) meaningful appellate review. The issues of sentencing guidance, sentencing guidelines, and sentencing commissions or councils[i] have been extensively debated in the literature since the publication of Frankel’s book. This article provides a brief chronology of developments relating to sentencing commissions around the world. Frankel’s concluding chapter ‘Proposals for the Lawmakers’ lays out his proposals for a more structured sentencing regime. In this essay we discuss the extent to which his recommendations been implemented outside the US.
ISSN:1053-9867
1533-8363
DOI:10.1525/fsr.2023.35.4-5.280