Disparity: Not a Reason to “Fix” Booker

A year has passed since the Supreme Court decided Booker and, according to the Sentencing Commission's data, little has changed. In most cases, district courts continue to impose sentences within the guidelines. Here, Adelman and Deitrich explain that disparity is not a reason to fix Booker. The disparity arguments typically propounded by the proponents of mandates provide no reason to alter the system established by Booker. It is of no benefit to the defendant who draws the longer sentence, and it means that many defendants will be confined for longer than necessary, with all of the attendant human and economic costs, simply to ensure the appearance of fairness.