Federal Sentencing in the Wake of Guidelines: Unacceptable Limits on the Discretion of Sentencers

t Clinical Professor of Law and Its Administration, and Director, Criminal Sentencing Program, Yale Law School; Editor, Federal Sentencing Reporter. This Article is informed by nearly two decades of exploring discretionary sentencing and its reform, in state and federal courts, in collaboration with an extraordinary group of students, judges, and colleagues. These ventures, illustrated in note 7, infra, would not have been possible without the educational vision and generous support of The Daniel and Florence Guggenheim Foundation, 1972-1987, and The Edna McConnell Clark Foundation since 1988. I am especially grateful for wise criticisms and suggestions on earlier drafts by Milton Heumann, Morris Lasker, Pierre Leval, Marc Miller, Dale Parent, Aaron Rappaport, Michael Tonry, and Ronald Weich. My most enduring debt is to Judith Freed, for her remarkable insights and caring contributions throughout the project.