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Judge Merritt continues urging broader perspectives at sentencing

By Douglas A. Berman

Earlier this year (as noted here), Sixth Circuit Judge Gilbert Merritt began lamenting "the problem of guidelineism, or 'guidelinitis,' the inability of most federal courts to break their habit of mechanically relying just on the guidelines alone."  Today, in his dissent in US v. Pruitt, No. 06-6002 (6th Cir. Oct. 21, 2008) (available here), Judge Merritt again chides his colleagues for not bringing broader perspectives to their sentencing work.  Here is the last paragaph from his Pruitt dissent:My colleagues? opinion is a purely formalistic, legalistic document. It advances no sentencing purpose, calls on no principle or policy of sentencing, never mentions rehabilitation, deterrence, ?no greater punishment than necessary? (a version of the rule of lenity), or any other guidepost set out by Congress in 18 U...continue to full post

Full post as published by Sentencing Law and Policy on October 21, 2008 (boomark / email).