Equality vs. Discretion in Sentencing [Archive Collection]

On September 9-10, 1988, The Federalist Society hosted its second annual National Lawyers Convention at the Mayflower Hotel in Washington, D.C. on "The Constitution and Federal Criminal Law." The final panel of the convention explored "Equality vs. Discretion in Sentencing."
The U.S. Sentencing Commission recently issued proposed guidelines for federal judges, aimed at producing more uniform criminal sentences in similar situations by the various federal courts. Will this approach lead to greater fairness and consistency for both society and those being sentenced, or will it lessen the capacity ofjudges to fine-tune the sentence to the unique facts of each individual case?
Featuring:
Hon. Stephen Breyer, U.S. Court of Appeals, First Circuit
Hon. Ilene Nagel, U.S. Sentencing Commission
Terence MacCarthy, American Bar Association, Criminal Justice Section
Moderator: Hon. Frank Easterbrook, U.S. Court of Appeals, Seventh Circuit
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.