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The Law and Policy of Sentencing
This leading casebook on sentencing law and policy includes cases, statutes, court rules, sentencing guidelines, professional standards, articles, information on other countries’ practices, a sample presentence investigation report, research findings, and questions designed to provoke lively debates. The book spans such topics as plea bargaining, rights during sentencing, aggravating and mitigating sentencing factors, community sentencing options, the death penalty, application of the Eighth Amendment in noncapital cases, back-end prison-release mechanisms, probation and parole revocation, and the enmeshed penalties (collateral consequences) that attend a conviction. Expanded or new coverage of provisions of the Model Penal Code: Sentencing, restorative justice, proposed reforms to plea bargaining and parole systems, sentences for crimes committed when a juvenile or “emerging adult,” and other subjects accentuates this book’s value on a core area of the law.
Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 04/04/2025
Lynn S. Branham, University of Missouri-Columbia School of Law
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The eleventh edition of this leading casebook on sentencing law and policy profiles many key developments since publication of the book’s last edition and expands its coverage of other subjects. The updates and revisions in the book include, among others:
- Recommendations, including those of the American Bar Association’s Plea Bargain Task Force, to revamp plea-bargaining policies and practices
- State ethics opinions finding it unethical for defense attorneys and prosecutors to negotiate plea agreements containing certain appellate waivers
- The inclusion of pertinent new Supreme Court cases and statutes, McCleskey v. Kemp (previously discussed in the notes) as a principal case, and updated statistics
- An article critiquing the current role of “prior record enhancements” (criminal history) when calculating a sentence
- The stance of the Model Penal Code: Sentencing on a range of sentencing-related issues
- Proposed changes in the law and its implementation to enhance probation’s capacity to meet sentencing goals
- State supreme court cases holding their state’s constitution provides more expansive rights at sentencing than the United States Constitution
- Augmented coverage of cases and policy developments bearing on the sentencing and release of people convicted of crimes committed when a juvenile or “emerging adult”
- An article describing the functioning of a federal reentry court
- The Model Penal Code: Sentencing’s criticisms of parole systems and sentencing experts’ recommendations to overhaul those systems if retained
Learn more about this series.
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