Document Type
Article
Publication Date
2-1-2005
Abstract
This symposium essay speculates about how Booker's loosening of the Federal Sentencing Guidelines is likely to affect white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will keep white-collar sentencing from growing as harsh as drug sentencing, but the parallels are nonetheless ominous. The essay suggests that the Sentencing Commission revise its loss-computation rules, calibrate white-collar sentences to their core purpose of expressing condemnation, and adding shaming punishments and apologies to give moderate prison sentences more bite.
Keywords
Criminal sentences, Federal Sentencing Guidelines, white collar crime, plea bargaining, Apprendi, Blakely, Booker, Sarbanes-Oxley
Publication Title
William & Mary Law Review
Repository Citation
Bibas, Stephanos, "White-Collar Plea Bargaining and Sentencing After Booker" (2005). Faculty Scholarship at Penn Carey Law. 250.
https://scholarship.law.upenn.edu/faculty_scholarship/250
Included in
Criminal Law Commons, Criminology Commons, Judges Commons, Law Enforcement and Corrections Commons, Social Control, Law, Crime, and Deviance Commons, Social Psychology Commons
Publication Citation
47 Wm. & Mary L. Rev. 721 (2005).