Search Results for Frankel

...Steven L. Chanenson; Douglas A. Berman Abstract Fifty years ago, Judge Marvin E. Frankel published a slim volume that has had an outsized and enduring impact on the criminal justice system in the United States and around the globe. In Criminal Sentences: Law without Order , Frankel captured...

...Lynn Adelman Abstract In my article about Marvin Frankel’s contribution to federal sentencing, I argue that the sentencing model that Frankel favored, one based on detailed rules of general application and greatly reduced judicial discretion, is highly flawed and will almost always result...

...Carissa Byrne Hessick Abstract In his widely influential book, Criminal Sentences: Law without Order , Marvin Frankel offered a blistering critique of judge-led sentencing, arguing that judicial sentencing discretion runs afoul of the famed principle of legality. In particular, Frankel claimed...

...Gerard E. Lynch © The Ohio State University Marvin Frankel: A Reformer Reassessed Legal scholars and critics contribute to the development of law in many ways: the comprehensive treatise, the heavily footnoted law review article, the closely reasoned philosophical essay, the econometric model...

...Jon O. Newman © The Ohio State University Remembering Marvin Frankel: Sentencing Reform But Not These Guidelines JON O. NEWMAN Circuit Judge, U.S. Court of Appeals for the Second Circuit This article was originally published in FSR in 2002. The death of former Judge Marvin E. Frankel on March...

...Gerard E. Lynch © The Ohio State University Marvin Frankel: A Reformer Reassessed Legal scholars and critics contribute to the development of law in many ways: the comprehensive treatise, the heavily footnoted law review article, the closely reasoned philosophical essay, the econometric model...

...Jon O. Newman © The Ohio State University Remembering Marvin Frankel: Sentencing Reform But Not These Guidelines The death of former Judge Marvin E. Frankel on March 3 of this year is an occasion to celebrate his enormous contribution to the reform of sentencing law and to correct...

...William H. Pryor, Jr. © The Ohio State University Returning to Marvin Frankel s First Principles in Federal Sentencing* Thirty years ago last month, the newly-formed United States Sentencing Commission circulated the rst discussion draft of proposed federal sentencing guidelines...

...Jelani Jefferson Exum Abstract As a sentencing scholar, Judge Frankel’s boldness and willingness to dream big about creating a different sentencing system have inspired me throughout my career. His willingness to call for reconstructing the sentencing system is an appeal that still rings true today...

...Richard S. Frase Abstract Judge Marvin Frankel’s writings in the early 1970s inspired the creation of sentencing guidelines commissions and guidelines rules in twenty-two state and federal jurisdictions. By the late 1970s Frankel’s tentative proposals had been substantially filled out by other...

...William H. Pryor, Jr. © The Ohio State University Returning to Marvin Frankel s First Principles in Federal Sentencing* Thirty years ago last month, the newly-formed United States Sentencing Commission circulated the rst discussion draft of proposed federal sentencing guidelines...

...Julian V. Roberts K.C. (Hon.); Arie Freiberg Abstract 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...

...Kate Stith; Kenneth P. Coleman Abstract Drawing on the Marvin E. Frankel archive maintained by the John Jay College of Criminal Justice in New York City, as well as other public sources, we explain what we have learned about the evolution of Frankel’s views on criminal sentencing in the federal...

...Gary P. Naftalis Abstract Marvin Frankel was a mentor and friend of Gary Naftalis for almost 40 years beginning when Gary was a first-year law student and Marvin was his professor at Columbia Law School. They later co-authored a book on the Grand Jury system and after Judge Frankel left the bench...

...Emily Barker; Brian Baxter; Alison Frankel; Nate Raymond © The Ohio State University EMILY BARKER, BRIAN BOXTER, ALISON FRANKEL & NATE RAYMOND BY THE NUMBERS Progress Report How the Justice Department s 440 highest-pro le corporate fraud cases turned out. astL spring, as the five-year...

...Judge Marvin E. Frankel © The Ohio State University Remarks on Sentencing: Columbia Law Review s Seventy First Anniversary Banquet When I was an assistant in the Of ce of the Solicitor General a pinnacle from which my career has careened downhill ever since I used to read records of trials...

...Judge Marvin E. Frankel © The Ohio State University Suggestion on Sentencing Procedure JUDGE MARVIN E. FRANKEL U.S. District Judge, Southern District of New York The Editors are grateful to the Frankel family for authorizing FSR to print these previously unpublished documents. [The New York...

...Judge Marvin E. Frankel © The Ohio State University Bergman Opinion On June 17, 1976, Judge Frankel issued the following Sentencing Memorandum explaining a four-month sentence in the high-pro le white-collar crime case of United States v. Bergman. Professor Alschuler describes the opinion...

...Jonathan J. Wroblewski Abstract In the summer of 1985, I had a chance meeting with Marvin Frankel. It would begin a career-long adventure into the world of federal sentencing, a looking-glass world where acquittals lead to punishment, rapes and robberies are not violent crimes, prosecutors gain...

...Albert W. Alschuler Abstract Although this article applauds many of the criticisms of sentencing practices contained in Judge Marvin Frankel’s influential book, Criminal Sentences: Law Without Order , it maintains that the reforms he championed failed to advance the goal of greater certainty...