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. Adelman and Dietrich argue that, for three reasons, Congress should permit the present system to continue. First, there is no evidence that Booker has created unwarranted disparity. Second, mandatory guidelines do not eliminate disparity but merely move the discretion that is its source from one place in the criminal justice system to another. Finally, mandatory sentencing laws result in unfairness in many cases, and this unfairness outweighs the benefit of any reduction in disparity that they might produce.