Marvin E. Frankel
Encyclopedia
Marvin E. Frankel was a litigator, a United States federal judge
on the Southern District of New York
, a professor at Columbia Law School
, and a legal scholar whose views helped to establish sentencing guidelines for the federal courts
.
during World War II
, from 1942 to 1946, but received an A.B.
from Queens College in 1943. His service was followed by a LL.B.
from Columbia Law School
in 1948. He also served as the editor-in-chief of the Columbia Law Review
, and was thereafter an Associate in law at Columbia Law School from 1948 to 1949. He was an assistant to the Solicitor General of the United States from 1949 to 1956, thereafter entering private practice in New York City
from 1956 to 1962. He was a Professor, Columbia Law School from 1962 to 1965.
On September 2, 1965, Frankel was nominated by President Lyndon B. Johnson
to a seat on the United States District Court for the Southern District of New York
vacated by Gregory F. Noonan. Frankel was confirmed by the United States Senate
on October 21, 1965, and received his commission the same day. Frankel resigned from the bench on September 30, 1978, returning to private practice in New York City. He worked at the law firm Kramer Levin Naftalis & Frankel LLP
from 1983 until his death in 2002.
and as an advocate before the Supreme Court
. He helped draft the brief for The New York Times
in the First Amendment
case, New York Times v. Sullivan, which set limits on libel suits brought by public figure
s. He was a founder of the Lawyers Committee for Human Rights (now renamed Human Rights First) and served as its chairman for many years.
Frankel's short book, Criminal Sentences: Law Without Order (1973) was a principal influence on the sentencing reform movement that had a significant influence on American sentencing law in the late 20th century. Drawing on his experiences as a federal judge, Frankel argued that unrestrained sentencing discretion on the part of individual judges, a legacy of progressive penal policy that emphasized the rehabilitation of individual offenders and tailored sentences more to the character of the offender than the seriousness of the offense, resulted in arbitrary sentences and wide disparity between the sentences imposed on similar defendants for similar crimes. His graceful writing style, memorable anecdotes, and palpable sense of outrage made the book accessible to a wide policy-making public, and pushed his proposal for sentencing commissions empowered to create binding sentencing guidelines to restrain judicial discretion to the forefront of the criminal reform agenda of the 1970s and 1980s. Sentencing commissions and guidelines were created in a number of states, and most controversially in the federal Sentencing Reform Act
of 1984. The federal sentencing guidelines were widely criticized as an unnecessarily rigid and extreme version of Frankel's idea. In 2005, in the case of United States v. Booker
, the United States Supreme Court declared the Sentencing Reform Act unconstitutional insofar as it made the guidelines mandatory. The guidelines remain influential in federal sentencing, however, and Frankel's ideas continue to influence sentencing reform in the United States and in other countries.
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
on the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
, a professor at Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
, and a legal scholar whose views helped to establish sentencing guidelines for the federal courts
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
.
Biography
Born in New York, New York, Frankel was in the United States ArmyUnited States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, from 1942 to 1946, but received an A.B.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from Queens College in 1943. His service was followed by a LL.B.
Law degree
A Law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers; but while their curricula may be reviewed by legal authority, they do not themselves confer a license...
from Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
in 1948. He also served as the editor-in-chief of the Columbia Law Review
Columbia Law Review
The Columbia Law Review is a law review edited and published by students at Columbia Law School. In addition to articles, the journal regularly publishes scholarly essays and student notes. It was founded in 1901 by Joseph E. Corrigan and John M. Woolsey, who served as the review's first...
, and was thereafter an Associate in law at Columbia Law School from 1948 to 1949. He was an assistant to the Solicitor General of the United States from 1949 to 1956, thereafter entering private practice in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
from 1956 to 1962. He was a Professor, Columbia Law School from 1962 to 1965.
On September 2, 1965, Frankel was nominated by President Lyndon B. Johnson
Lyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
to a seat on the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
vacated by Gregory F. Noonan. Frankel was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on October 21, 1965, and received his commission the same day. Frankel resigned from the bench on September 30, 1978, returning to private practice in New York City. He worked at the law firm Kramer Levin Naftalis & Frankel LLP
Kramer Levin Naftalis & Frankel LLP
Kramer Levin Naftalis & Frankel LLP is a law firm with offices in New York City, Silicon Valley and Paris.-History:The Firm was founded in 1968 in New York under the name Kramer, Lowenstein, Nessen & Kamin. Founding members include Arthur B...
from 1983 until his death in 2002.
Legacy
Over a career of more than 50 years, Frankel traveled widely campaigning for human rightsHuman rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
and as an advocate before the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. He helped draft the brief for The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
in the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
case, New York Times v. Sullivan, which set limits on libel suits brought by public figure
Public figure
Public figure is a legal term applied in the context of defamation actions as well as invasion of privacy. A public figure cannot base a lawsuit on incorrect harmful statements unless there is proof that the writer or publisher acted with actual malice...
s. He was a founder of the Lawyers Committee for Human Rights (now renamed Human Rights First) and served as its chairman for many years.
Frankel's short book, Criminal Sentences: Law Without Order (1973) was a principal influence on the sentencing reform movement that had a significant influence on American sentencing law in the late 20th century. Drawing on his experiences as a federal judge, Frankel argued that unrestrained sentencing discretion on the part of individual judges, a legacy of progressive penal policy that emphasized the rehabilitation of individual offenders and tailored sentences more to the character of the offender than the seriousness of the offense, resulted in arbitrary sentences and wide disparity between the sentences imposed on similar defendants for similar crimes. His graceful writing style, memorable anecdotes, and palpable sense of outrage made the book accessible to a wide policy-making public, and pushed his proposal for sentencing commissions empowered to create binding sentencing guidelines to restrain judicial discretion to the forefront of the criminal reform agenda of the 1970s and 1980s. Sentencing commissions and guidelines were created in a number of states, and most controversially in the federal Sentencing Reform Act
Sentencing Reform Act
The Sentencing Reform Act, part of the Comprehensive Crime Control Act of 1984, was a U.S. federal statute intended to increase consistency in United States federal sentencing. It established the United States Sentencing Commission. It also abolished federal parole.The act was passed by large...
of 1984. The federal sentencing guidelines were widely criticized as an unnecessarily rigid and extreme version of Frankel's idea. In 2005, in the case of United States v. Booker
United States v. Booker
United States v. Booker, , was a United States Supreme Court decision concerning criminal sentencing. The Court ruled that the Sixth Amendment right to jury trial requires that, other than a prior conviction, only facts admitted by a defendant or proved beyond a reasonable doubt to a jury may be...
, the United States Supreme Court declared the Sentencing Reform Act unconstitutional insofar as it made the guidelines mandatory. The guidelines remain influential in federal sentencing, however, and Frankel's ideas continue to influence sentencing reform in the United States and in other countries.
Selected publications
- The Grand Jury: An Institution on Trial
- Sentencing: Helping Judges Do Their Jobs
- The Search for Truth: An Umpireal View, 123 U. Pa. L. Rev. 1031 (1975)
- Criminal Sentences: Law Without Order