Appellate Court Review of Sentencing Guideline Departures Through the Lens of Focal Concerns Theory

Appellate courts can be active participants in the development of sentencing law and policy within sentencing guideline systems through their review of appealed departures. The present study examines departure review by the Michigan Court of Appeals in a sample of 124 opinions through the lens of fo...

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Bibliographic Details
Main Author: Witwer, Amanda R. (Author)
Format: Electronic Article
Language:English
Published: 2025
In: Criminology, criminal justice, law & society
Year: 2025, Volume: 26, Issue: 2, Pages: 23-44
Online Access: Volltext (kostenfrei)
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Keywords:
Thematic Analysis
focal concerns theory
departure review
Sentencing Guidelines
Description
Summary:Appellate courts can be active participants in the development of sentencing law and policy within sentencing guideline systems through their review of appealed departures. The present study examines departure review by the Michigan Court of Appeals in a sample of 124 opinions through the lens of focal concerns theory. A thematic analysis offers insight into the ways in which the Court has affirmed and/or challenged local interpretations of the focal concerns of blameworthiness, dangerousness, and redeemability through its decisions to accept or reject upward departures and their given rationales. Findings highlight several areas of potential concern for legal practitioners and contribute to scholarship on focal concerns theory and the role of appellate courts in sentencing guideline systems.
ISSN:2332-886X
DOI:10.54555/CCJLS.13020.146573