Marvin E. Frankel

Marvin E. Frankel (July 26, 1920 – March 3, 2002) 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.

Biography

Born in New York, New York, Frankel was in the United States Army 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.

Legacy

Over a career of more than 50 years, Frankel traveled widely campaigning for human rights 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 figures. 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.

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

Sources

• Marvin E. Frankel at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.

External links

• Tribute to Hon. Marvin E. Frankel in the Columbia Law Review
• New York Times Obituary (March 5, 2002)

Persondata
Name	Frankel, Marvin E.
Alternative names
Short description	United States federal judge
Date of birth	July 26, 1920
Place of birth	New York, New York
Date of death	March 3, 2002
Place of death	New York, New York