Mr. Mueller traces the development of the technique of sentence appeals in relation to the evolution of penological theory and examines the practices of representative American jurisdictions in this area. In evaluating the status of the law, the author's reasoned judgment is that too few appellate courts have the power to review excessive sentences, and that even these courts do not exercise their power in terms of functional penology.
Gerhard O.W. Mueller,
Penology on Appeal: Appellate Review of Legal but Excessive Sentences,
15 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol15/iss3/1