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date: 20 June 2019

Abstract and Keywords

This article introduces the sentencing commission model, which is considered as the primary systemic alternative to the traditional U.S. indeterminate sentencing scheme. It outlines this movement from the seminal work of Marvin Frankel—who was the first to propose the sentencing commission—to the present. It then emphasizes that while the federal system has been the most visible commission-guidelines system in America it is also the least successful and most mocked out of all those systems. The article also studies the concept of a “consensus system” and presents some criteria for evaluating guidelines reforms.

Keywords: sentencing commission model, indeterminate sentencing scheme, Marvin Frankel, federal system, commission-guidelines system, consensus system, guidelines reforms

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