Taking Stock of the Feeney Amendment's Many Facets

Abstract

In their commentary in this Issue, Benson Weintraub and Benedict Kuehne characterize the Feeney Amendment as “stealth” legislation because Congress did not consult with the federal judiciary or the U.S. Sentencing Commission before passing the Amendment’s dramatic changes to federal sentencing law. Though this may be a fitting description of some of the dynamics surrounding the Feeney Amendment’s enactment in April 2003, the legislation has hardly gone unnoticed since it became law. Indeed, as documented by numerous articles in major newspapers and legal periodicals, the Feeney Amendment has become one of the most widely discussed topics in the entire field of criminal justice. The shock waves created by the Feeney Amendment have reverberated not only though the press, but also through all the institutions and groups involved in federal sentencing. The legal, political and practical impact of the Feeney Amendment is far-reaching, and this Issue of FSR takes stock of the Feeney Amendment’s many facets and starts examining the varied ways in which the Amendment has reshaped the federal sentencing landscape.