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Episode 9: Strategic Gradualism: A Discussion of RBG’s Criminal Sentencing Jurisprudence

In Episode 9 of Notorious, we discussed a series of cases related to criminal sentencing, including: Apprendi v. New JerseyUnited States v. Booker, and Kimbrough v. United States.

Justice Ginsburg’s contributions to our country’s jurisprudence focus heavily on equality. Although less discussed, her criminal procedure jurisprudence expresses her commitment to fairness and equality.

The area of criminal procedure where this dedication to fairness is particularly evident is in sentencing. She tended to be the critical swing vote in some of these cases. We also see how her commitment to fairness was marked by a simultaneous commitment to gradualism -- the same as we have seen in many of her opinions on other topics, including gender equality. 

Patterson Belknap Partners, Peter Harvey, former Attorney General of the State of New Jersey, and Harry Sandick, a former Assistant United States Attorney for the Southern District of New York, are joined by Michelle Bufano for a discussion of these cases and the concept of fairness in sentencing.   

Related Resources:

For a selection of Justice Ginsburg’s writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg:  A Selection, edited by Corey Brettschneider.

For more information about Patterson Belknap Webb & Tyler LLP, see

For information about becoming a guest on Notorious, email Michelle Bufano.

For questions or more information about Notorious, email Jenni Dickson.

Also, check out the Patterson Belknap podcast, How to Build A Nation in 15 Weeks.