Localization and Transparency in Sentencing: Reflections on the New Early Disposition Departure

Hamline Law Review, Vol. 27, No. 3, p. 357, 2004

Marquette Law School Legal Studies Paper No. 14-13

26 Pages Posted: 7 May 2014

Date Written: 2004

Abstract

A newly authorized "early disposition departure" permits federal judges to reduce the sentences of criminal defendants who plead guilty quickly pursuant to a locally adopted early disposition program. The new departure mechanism provides the first formal mandate in the United States Sentencing Guidelines for "localization," that is, adjusting the sentences of federal defendants based on local circumstances. This paper provides a defense of localization, and suggests that localization may be reconciled with the Guidelines’ overriding objective of transparency in sentencing. The early disposition departure provides a model of "transparent localization," but could be reformed so as to offer both more transparency and more localization.

Keywords: sentencing, Sentencing Guidelines, localization, early disposition, fast-track

Suggested Citation

O'Hear, Michael M., Localization and Transparency in Sentencing: Reflections on the New Early Disposition Departure (2004). Hamline Law Review, Vol. 27, No. 3, p. 357, 2004, Marquette Law School Legal Studies Paper No. 14-13, Available at SSRN: https://ssrn.com/abstract=2433555

Michael M. O'Hear (Contact Author)

Marquette University - Law School ( email )

Sensenbrenner Hall
P.O. Box 1881
Milwaukee, WI 53201
United States
414-288-3587 (Phone)
414-288-5914 (Fax)

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