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.
- natural law,
Available at: http://works.bepress.com/mark_osler/1/