Weinstein on Sentencing

Abstract Over more than half a century of service on the federal bench Judge Weinstein has produced reams of articles, speeches, and opinions, attempting to convince higher courts and Congress to recast sentencing law on the basis of fairness. Like any great jurist, Judge Weinstein did not win every battle, but he pursued the ideal of individualized justice with unflagging dedication. In the process, he transformed sentencing law. He brought due process to sentencing by conceiving of and instituting Fatico hearings, and later became among the most powerful voices against mandatory sentencing regimes. Judge Weinstein’s ingenuity always withstood public controversy and criticism. He refused to mete out unduly harsh or unduly lenient sentences, relying instead on a commitment to reasonableness and simple fairness. While Judge Weinstein enjoyed a reputation for compassion and social consciousness, he applied the law faithfully, without disguising the difficulties inherent in the art of judging. He leaves a legacy of intellectual honesty, integrity, and faith in the promise of the law to do justice.