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Richard S. Frase

Benjamin N. Berger Professor in Criminal Law; Co-Director, Robina Institute of Criminal Law & Criminal Justice

Richard S. Frase

332 Mondale Hall
229–19th Ave. South
Minneapolis, MN 55455

612-625-0831

frase001@umn.edu

Haverford College, B.A.
University of Chicago, J.D.

Professor Richard S. Frase is the Benjamin N. Berger Professor of Criminal Law. He currently teaches criminal law, criminal procedure, and the federal defense clinic. He has also taught the Misdemeanor Prosecution Clinic and a Federal Prosecution clinic. His seminars include sentencing guidelines, sentencing policy, and comparative criminal procedure. His scholarship examines Minnesota and other state sentencing guidelines, punishment and proportionality theories, criminal procedure in the U.S. and abroad, and comparison of sentencing law and practice in U.S. states and in other nations. He is the author or co-author of eight books and over seventy articles and essays on these topics.

Professor Frase graduated Phi Beta Kappa from Haverford College. He received his J.D. degree from the University of Chicago, where he was Comment Editor of the University of Chicago Law Review. He clerked for the Honorable Luther M. Swygert, Chief Judge of the United States Court of Appeals for the Seventh Circuit, and was an associate attorney for the law firm of Sidley & Austin in Chicago from 1972 to 1974. Professor Frase then became a research associate and Arnold Shure Fellow at the University of Chicago-Center for Studies in Criminal Justice.

In 1977 he joined the faculty of the University of Minnesota Law School. He was the Julius E. Davis Professor of Law for 1988-89 and became Berger Professor in 1991. He has been a Visiting Professor at the Christian Albrechts Universität in Kiel, Germany, and at the Université Jean Moulin in Lyon, France, and a Visiting Scholar at the Max Planck Institute for Foreign and International Criminal Law in Freiburg (Breisgau), Germany. Professor Frase is a member of the American Law Institute, the American Society of Criminology, and the American, Minnesota, and Hennepin County Bar Associations. He is a frequent contributor to radio, television, and newspaper reports on criminal justice issues.

For more information, please read Professor Frase's CV.


PUBLICATIONS

Books

Just Sentencing: Principles and Procedures for a Workable System (Oxford University Press, 2013)

Minnesota Misdemeanors and Moving Traffic Violations (Butterworth Legal Publishers, 2d ed., 1990-1998 (looseleaf); Lexis Law Publishing, 3d ed., 1999-2012 (updated by pocket parts)) (with Martin J. Costello & Stephen Simon)

Proportionality Principles in American Law: Controlling Excessive Government Actions (Oxford University Press, 2009) (with E. Thomas Sullivan)

Encyclopedia of Crime & Justice (Joshua Dressler, editor in chief, Macmillan Reference USA, 2d ed., 2002) (vols. I-IV) (co-editor with Thomas J. Bernard, Deborah W. Denno, John Hagan, Dan M. Kahan & Carol S. Steiker)

Sentencing and Sanctions in Western Countries (Oxford University Press, 2001) (co-editor with Michael Tonry)

Sentencing in Germany and the United States: Comparing ÃÂpfel with Apples (Edition Iuscrim, 2001) (Research in brief series)

Criminal Evidence: Constitutional, Statutory, and Rules Limitations (Butterworth, 1985) (Supps. 1986-1992)

Minnesota Misdemeanors and Moving Traffic Violations (Mason Publishing Company, 1st ed., 1982-1989 (looseleaf)) (with Phebe S. Haugen & Martin J. Costello)

The French Code of Criminal Procedure (F.B. Rothman, 1988) (translated into English) (with Gerald Kock)

The Criminal Justice System: Materials on the Administration and Reform of the Criminal Law (Little, Brown & Company, 1980) (with Franklin E. Zimring)

Book Chapters

Theories of Proportionality and Desert, in The Oxford Handbook of Sentencing and Corrections 131-149 (Joan Petersilia & Kevin Reitz, eds., Oxford University Press, 2012)

Can Above-desert Penalties Be Justified by Competing Deontological Theories?, in Retributivism Has a Past: Has It a Future? 169-187 (Michael Tonry, ed., Oxford University Press, 2011)

Prior-conviction Sentencing Enhancements: Rationales and Limits Based on Retributive and Utilitarian Proportionality Principles and Social Equality Goals, in Previous Convictions at Sentencing: Theoretical and Applied Perspectives 117-136 (Julian V. Roberts & Andrew von Hirsch, eds., Hart Pub., 2010)

America's Sentencing Future, in Corrections in the 21st Century (Frank Schmalleger & John Smykla, eds., McGraw-Hill Higher Education, 2009)

National Report: United States of America, in Strafverteidigung vor neuen Herausforderungen: Denkanstösse aus sieben Rechtsordnungen (Criminal Defense Facing New Challenges) (Thomas Weigend, Susanne Walter & Barbara Grunewald, eds., Duncker & Humblot, 2008)

Sentencing and Comparative Law Theory, in Crime, Procedure and Evidence in a Comparative and International Context: Essays in Honour of Professor Mirjan Damaska (John D. Jackson, Máximo Langer & Peter Tillers, eds., Hart Publishing, 2008)

The Defense Lawyer's Role in Negotiated Justice, in Strafverteidigung vor neuen Herausforderungen: Denkanstösse aus sieben Rechtsordnungen (Criminal Defense Facing New Challenges) (Thomas Weigend, ed., Duncker & Humblot, 2008)

The Minnesota Sentencing Guidelines, in Penal Populism, Sentencing Councils and Sentencing Policy (Arie Freiberg & Karen Gelb, eds., Willan Publishing, 2008); adapted version reprinted in Principled Sentencing: Readings on Theory and Policy 270 (Andrew von Hirsch, Andrew Ashworth & Julian Roberts, eds., Hart Publishing, 3d ed., 2009)

France, in Criminal Procedure: A Worldwide Study 201-42 (Craig Bradley, ed., Carolina Academic Press, 1st. ed., 1999; 2d ed., 2007)

Limiting Retributivism, in The Future of Imprisonment 83-119 (Michael Tonry, ed., Oxford University Press, 2004), reprinted in Principled Sentencing: Readings on Theory and Policy 135 (Andrew von Hirsch, Andrew Ashworth & Julian Roberts, eds., Hart Publishing, 3d ed., 2009), and in Why Punish? How Much?: A Reader on Punishment 255 (Michael Tonry, ed., Oxford University Press, 2011)

Criminal Punishments, in The Oxford Companion to American Law 197-202 (Kermit Hall, editor in chief, Oxford University Press, 2002)

International Perspectives on Sentencing Policy and Research, in Sentencing and Sanctions in Western Countries (Michael Tonry & Richard S. Frase, eds., Oxford University Press, 2001)

Comparative Criminal Justice Policy, in Theory and in Practice, in Les systèmes comparés de justice pénale: de la diversité au rapprochement = Comparative Criminal Justice Systems: From Diversity to Rapprochement 109-121 (Editions Erès, 1998)

Jails, in The Handbook of Crime & Punishment 474-506 (Michael Tonry, ed., Oxford University Press, 1998)

Fair Trial Standards in the United States of America, in The Right to a Fair Trial 31-83 (David Weissbrodt & Rudiger Wolfrum, eds., Springer, 1997)

Sentencing Guidelines in Minnesota and Other American States: A Progress Report, in The Politics of Sentencing Reform 169-198 ( Chris Clarkson & Rod Morgan, eds., Clarendon Press, 1995)

Journal Articles

Guest Editor's Observations: Recurring Policy Issues of Guidelines (and non-Guidelines) Sentencing: Risk Assessments, Criminal History Enhancements, and the Enforcement of Release Conditions, 26 Federal Sentencing Reporter 145-157 (2014)

What's "Different" (Enough) in Eighth Amendment Law?, 11 Ohio State Journal of Criminal Law 9-36 (2013)

Research on Race and Sentencing: Goals, Methods, and Topics, 30 Justice Quarterly 262-269 (2013)

Graham's Good News--and Not, 23 Federal Sentencing Reporter 54-57 (2010)

Norval Morris's Contributions to Sentencing Structures, Theory, and Practice, 21 Federal Sentencing Reporter 254-260 (2009)

Second Look Provisions in the Proposed Model Penal Code Revisions, 21 Federal Sentencing Reporter 194-202 (2009)

What Explains Persistent Racial Disproportionality in Minnesota's Prison and Jail Populations?, 38 Crime and Justice 201 (2009)

Limiting Excessive Prison Sentences under Federal and State Constitutions, 11 University of Pennsylvania Journal of Constitutional Law 39 (2008), reprinted in part in Why Punish? How Much?: A Reader on Punishment 263 (Michael Tonry, ed., Oxford University Press, 2011)

The Apprendi-Blakely Cases: Sentencing Reform Counter-Revolution?, 6 Criminology & Public Policy 403-32 (2007)

Blakely in Minnesota, Two Years Out: Guidelines Sentencing Is Alive And Well, 4 Ohio State Journal of Criminal Law 73-94 (2006)

Excessive Prison Sentences, Punishment Goals, and the Eighth Amendment: "Proportionality" Relative To What?, 89 Minnesota Law Review 571-651 (2005)

Punishment Purposes, 58 Stanford Law Review 67-83 (2005)

Sentencing Guidelines in Minnesota, 1978-2003, 32 Crime and Justice 131-219 (2005)

State Sentencing Guidelines: Diversity, Consensus, and Unresolved Policy Issues, 105 Columbia Law Review 1190-1232 (2005)

The Impact of Contextual Factors on the Decision to Imprison in Large Urban Jurisdictions: A Multilevel Analysis, 51 Crime and Delinquency 400-424 (2005) (with Robert Weidner & Jennifer Schultz)

The Warren Court's Missed Opportunities in Substantive Criminal Law, 3 Ohio State Journal of Criminal Law, 75-103 (2005)

Why Minnesota Will Weather Blakely's Blast, 18 Federal Sentencing Reporter 12-18 (2005) (with Dale G. Parent)

Explaining Sentencing Severity in Large Urban Counties: A Multilevel Analysis of Contextual and Case-Level Factors, 84 Prison Journal 184-207 (2004) (with Robert Weidner & Iain Pardoe)

Historical and Comparative Perspectives on the Exceptional Severity of Sentencing in the United States, 36 George Washington International Law Review 227-237 (2004) (reviewing James Q. Whitman, Harsh Justice: Criminal Punishments and the Widening Divide Between America and Europe (Oxford University Press, 2003)) (review essay)

Legal and Extralegal Determinants of Inter-County Differences in Prison Use, 14 Criminal Justice Policy Review 377-400 (2003) (with Robert Weidner)

What Were They Thinking? Fourth Amendment Unreasonableness in Atwater v. City of Lago Vista, 71 Fordham Law Review 329-421 (2002), reprinted as How Can a Clearly Unreasonable Arrest be a "Reasonable" Seizure?, in 30 Search and Seizure Law Report 85-92 (2003)

A County-Level Comparison of the Propensity to Sentence Felons to Prison, 1 International Journal of Comparative Criminology 1 (2001) (with Robert Weidner)

Is Guided Discretion Sufficient? Overview of State Sentencing Guidelines, 44 St. Louis University Law Journal 425-46 (2000) (abbreviated version of article published in 12 Federal Sentencing Reporter 69-82 (1999))

The Search for the Whole Truth About American and European Criminal Justice, 3 Buffalo Criminal Law Review 785-849 (2000) (reviewing William T. Pizzi, Trials Without Truth: Why Our System of Criminal Trials Has Become an Expensive Failure and What We Need To Do To Rebuild It (New York University Press, 2000)) (review essay)

Sentencing Guidelines in Minnesota, Other States, and the Federal Courts: A Twenty-Year Retrospective, 12 Federal Sentencing Reporter 69-82 (1999)

Main-streaming Comparative Criminal Justice: How to Incorporate Comparative and International Concepts and Materials into Basic Criminal Law and Procedure Courses, 100 West Virginia Law Review 773 (1998)

Prison Population Growing Under Minnesota Guidelines, 4 Overcrowded Times 1, 10-12 (1993), reprinted in Sentencing Reform in Overcrowded Times: A Comparative Perspective 40-45 (Michael Tonry & Kathleen Hatlestad, eds., Oxford University Press, 1997)

Sentencing Guidelines "Alive and Well" in the States, 5 Overcrowded Times 1, 11-14, reprinted in Sentencing Reform in Overcrowded Times: A Comparative Perspective 12-17 (Michael Tonry & Kathleen Hatlestad, eds., Oxford University Press, 1997)

Sentencing Guidelines in the States: Lessons for State and Federal Reformers, 6 Federal Sentencing Reporter 123 (1993) (Guest Editor's Observations), reprinted in 10 Federal Sentencing Reporter 46 (1997)

Sentencing Principles in Theory and Practice, 22 Crime and Justice 363 (1997)

German Criminal Justice as a Guide to American Law Reform: Similar Problems, Better Solutions?, 18 Boston College International and Comparative Law Review 317 (1995) (with Thomas Weigend)

Lessons of State Guideline Reforms, 8 Federal Sentencing Reporter 39 (1995)

Sentencing Laws & Practices in France, 7 Federal Sentencing Reporter 275 (1995)

State Sentencing Guidelines: Still Going Strong, 78 Judicature 173 (1995)

Purposes of Punishment under the Minnesota Sentencing Guidelines, 13 Criminal Justice Ethics 11 (1994) (Symposium on Sentencing Guidelines and Guidance)

Implementing Commission-Based Sentencing Guidelines: The Lessons of the First Ten Years in Minnesota, 2 Cornell Journal of Law & Public Policy 279 (1993)

The Role of the Legislature, the Sentencing Commission, and Other Officials under the Minnesota Sentencing Guidelines, 28 Wake Forest Law Review 345 (1993)

The Uncertain Future of Sentencing Guidelines, 12 Law & Inequality 1 (1993)

Defendant Amenability to Treatment or Probation as a Basis for Departure Under the Minnesota and Federal Sentencing Guidelines, 3 Federal Sentencing Reporter 328 (1991)

Sentencing Reform in Minnesota, Ten Years After: Reflections on Dale G. Parent's Structuring Criminal Sentences: The Evolution of Minnesota's Sentencing Guidelines, 75 Minnesota Law Review 727 (1991)

Comparative Criminal Justice as a Guide to American Law Reform: How Do the French Do it, How Can We Find Out, and Why Should We Care?, 78 California Law Review 539 (1990)

Criminal Procedure in a Conservative Age: A Time to Rediscover the Critical Nonconstitutional Issues, 36 Journal of Legal Education 79 (1986)

Defining the Limits of Crime Control and Due Process, 73 California Law Review 212 (1985) (reviewing Hans Zeisel, The Limits of Law Enforcement (University of Chicago Press, 1982)) (review essay)

The Decision to File Federal Criminal Charges: A Quantitative Study of Prosecutorial Discretion, 47 University of Chicago Law Review 246 (1980)

The Speedy Trial Act of 1974, 43 University of Chicago Law Review 667 (1976)

Criminal Justice in Extremis: Administration of Justice During the April 1968 Chicago Disorder, 36 University of Chicago Law Review 455-613 (1969) (with others)

Book Reviews

Book Review, 39 Criminal Law Bulletin 488-494 (2003) (reviewing David T. Johnson, The Japanese Way of Justice: Prosecuting Crime in Japan (Oxford University Press, 2002))

Entries in Reference Works

Punishment Justifications and Goals, in Oxford Bibliographies Online: Criminology (Richard B. Rosenfeld, ed., Oxford University Press, 2011)

Punishment and Sentencing Alternatives, in Encyclopedia of Law & Society: American and Global Perspectives (David S. Clark, ed., Sage Publications, 2007)

Criminal Justice System, in Encyclopedia of Crime & Justice 371-393 (Joshua Dressler, editor in chief, Macmillan Reference USA, 2d ed., 2002) (with Robert Weidner)

Criminalization and Decriminalization, in Encyclopedia of Crime & Justice 347-61 (Joshua Dressler, editor in chief, Macmillan Reference USA, 2d ed., 2002)

Sentencing Guidelines, in The Encyclopedia of American Law 391-93 (David Schultz, ed., Facts On File, 2002)

Victimless Crime, in Encyclopedia of Crime & Justice 1626-1629 (Joshua Dressler, editor in chief, Macmillan Reference USA, 2d ed., 2002)

Criminal Justice System, Encyclopedia of the American Constitution, Supplement 1 132 (Leonard Levy, Kenneth Karst & John West, eds., Macmillan Publishing Company, 1992)

Criminalization and Decriminalization, in Encyclopedia of Crime and Justice 438 (Sanford Kadish, editor in chief, Free Press, 1983)

Victimless Crime, in Encyclopedia of Crime and Justice 1608-1611 (Sanford Kadish, editor in chief, Free Press, 1983)

Other Publications

Proportionality Principles in the American System of Criminal Justice, Perspectives: The Magazine of the University of Minnesota Law School 28-32 (Fall 2005)

Brief of The Institute on Criminal Justice at the University of Minnesota Law School and Eleven Leading Experts on Law Enforcement and Corrections Administration and Policy as Amici Curiae in Support of Petitioners, Atwater v. City of Lago Vista, 532 U.S. 318 (2000)

COURSES

Criminal Law
Criminal Procedure
Federal Defense Clinic

Seminars

Comparative Criminal Procedure
Sentencing Guidelines
Sentencing Policy