Implementing the Heartland Departure in a Post-Booker World

Abstract

The “heartland departure” strives to effectuate the important vision adopted by Congress through passage of the Sentencing Reform Act. It does not return to courts the unfettered discretion of the past nor does it compel adherence to the Guidelines. Rather, the “heartland departure” endeavors to empower both the Commission and the judiciary to engage in a substantive colloquy on sentencing law and policy. Ultimately, sentences must reflect deliberative choices regarding the purposes and principles of criminal punishment.

Keywords: sentencing, constitutional law, courts, due process, punishment

JEL Classification: K40