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Jelani Jefferson Exum
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Journal Articles
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2019) 32 (2): 65–69.
Published: 01 December 2019
Abstract
Criminal justice reform has had a firm place in news headlines for more than a decade. Reform has mainly been sought through two approaches: consensus through ballot initiative or legislative compromise. But these modes of reform share a fundamental failure: both often lack a clear articulation of the purpose of criminal sentencing. In other words, “What’s the point?” Without an agreement on the underlying purpose of criminal punishment, neither method of pursuing changes in the criminal justice system can ever produce meaningful, long-standing reform. Our usual way of understanding criminal justice reform is through legislative compromise. The moves from the Anti-Drug Abuse Act of 1986 to the Fair Sentencing Act of 2010 to the First Step Act of 2018 were the result of this slow legislative mechanism. However, the resulting sentencing changes were not due to an effort to study the effects of drug sentencing or to any work toward agreement about what purpose Congress was actually trying to fulfill through drug sentencing. The same problem exists when it comes to consensus reform through ballot initiative – a move that has taken place in many areas of the country—from the passing of recreational marijuana laws in places like Michigan to the attempt to pass sweeping drug sentencing reform through Ohio’s Ballot Issue. When examined, these efforts at reform consensus show that agreement on the need for reform does not show agreement on the purpose of reform. This lack of true, deep consensus can ultimately defeat efforts at large-scale reform through consensus.
Journal Articles
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2017) 29 (4): 179–181.
Published: 01 April 2017
Journal Articles
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2016) 28 (3): 155–160.
Published: 01 February 2016
Journal Articles
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2016) 28 (3): 167.
Published: 01 February 2016
Journal Articles
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2016) 28 (3): 169–173.
Published: 01 February 2016
Journal Articles
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2016) 28 (3): 209–210.
Published: 01 February 2016
Journal Articles
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2013) 26 (2): 115–117.
Published: 01 December 2013
Journal Articles
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2011) 24 (2): 85–86.
Published: 01 December 2011
Abstract
Guest editor Jelani Jefferson Exum introduces this issue of Federal Sentencing Reporter , which focuses on federal child pornography sentencing. Acknowledging the timeliness of discussing the current state of and future possibilities for child pornography sentencing, the editors of Federal Sentencing Reporter recruited submissions from those working on and thinking about this particular sentencing topic. This issue of FSR contains commentary that engages in many different angles of the child pornography sentencing debate—from the demographic of offenders, to the judicial approach to sentencing, to specifics about the Guidelines, and even to post-release issues—and covers the many problematic aspects of child pornography sentencing. Readers not only will be informed about the particularities of the sentencing process for these offenses but also will be invited to ponder (and perhaps question) the possible consequences and effects of the current posture of sentencing federal child pornography offenses.
Journal Articles
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2011) 23 (4): 261–264.
Published: 01 April 2011