Miriam Baer on Sorting Criminal Law

In this episode, Miriam Baer, Professor of Law at Brooklyn Law School, discusses her articles "Sorting Out White-Collar Crime," which was published in the Texas Law Review and "Insider Trading's Legality Problem," which was published in the Yale Law Journal Forum. Baer begins by explaining that state criminal law statues typically "sort" crimes into different degrees of severity, but federal criminal law does not, instead relying on sentencing guidelines to modulate punishment. She argues that the lack of sorting in federal criminal law makes it difficult to gather information about the severity of federal crimes and to express social judgments about those crimes, which is especially a problem in relation to white-collar crimes like fraud and insider trading. She argues that federal criminal law should adopt sorting principles similar to those used in state criminal law.This episode was hosted by Brian L. Frye, Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.