Bibliographic Essay: Guidelines Fact-Finding: A Comparative Law Perspective

Autor: Bruce P. Smith
Rok vydání: 1994
Předmět:
Zdroj: Federal Sentencing Reporter. 7:44-48
ISSN: 1053-9867
Popis: Throughout 1993, academics, practitioners, and law students devoted sustained attention to sentenc ing issues. Three law journals published symposium editions concerning, respectively, initiatives in the states, the legislative role in sentencing, and issues of corporate sentencing under the guidelines. In total, American law journals published more than sixty scholarly articles and student pieces on sentencing related topics during the past year. A recurring theme in this literature is the problem of fact-finding under the guidelines. The following bibliographic essay examines the arguments and reform proposals canvassed by scholars and practitio ners. It is suggested that current guidelines fact-finding resembles, in certain important respects, the treatment of trial evidence in civil law countries. The "civilian"
Databáze: OpenAIRE