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Unpublished Paper
The Mercy of Judges As An Expression of Natural Law
ExpressO (2009)
  • Mark Osler
Abstract

Even though there are strong personal incentives against it, federal judges abandon the sentencing guidelines in about one-third of all cases. Shockingly, when they sentence outside of the range, 96% of the time the sentence is below the range rather than above. The author argues that this tendancy can be seen as a natural law impulse towards mercy, and one that ultimately will undermine any limitation on sentencing discretion in the form of guidelines.

Keywords
  • natural law,
  • sentencing
Disciplines
Publication Date
March 6, 2009
Citation Information
Mark Osler. "The Mercy of Judges As An Expression of Natural Law" ExpressO (2009)
Available at: http://works.bepress.com/mark_osler/1/