1-20 of 130 Search Results for

constitutional-moments

Follow your search
Access your saved searches in your account

Would you like to receive an alert when new items match your search?
Close Modal
Sort by
Journal Articles
Federal Sentencing Reporter. 2020; 325276–284 doi: https://doi.org/10.1525/fsr.2020.32.5.276
Published: 18 June 2020
...William J. Jefferson The United States Supreme Court declared in 1976 that deliberate indifference to the serious medical needs of prisoners constitutes the unnecessary and wanton infliction of pain…proscribed by the Eighth Amendment. It matters not whether the indifference is manifested by prison...
Journal Articles
Federal Sentencing Reporter. 2020; 325259–263 doi: https://doi.org/10.1525/fsr.2020.32.5.259
Published: 18 June 2020
... are being granted clemency and released back into society. Simultaneously, a new interpretation of the U.S. Constitution’s protections against cruel and unusual punishment is allowing hundreds of juvenile “lifers” to be resentenced and often released. We argue that it is in the state’s interest to...
Journal Articles
Federal Sentencing Reporter. 2020; 323125–127 doi: https://doi.org/10.1525/fsr.2020.32.3.125
Published: 01 February 2020
...Steven L. Chanenson We are at a notable moment to contemplate federal sentencing. Fifteen years ago, the Supreme Court issued its landmark decision in United States v. Booker . Just over 25 years ago, Congress passed and the President signed the 1994 Crime Bill. By looking backward and learning...
Journal Articles
Federal Sentencing Reporter. 2019; 32265–69 doi: https://doi.org/10.1525/fsr.2019.32.2.65
Published: 01 December 2019
... the punish- ment of those offenses.9 He stated, It is important to note that the crack/powder disparity disproportionately affects African Americans. While African Americans constitute less than 30 percent of crack users, they make up 82 percent of those convicted of Federal crack offenses. 10 At the...
Journal Articles
Federal Sentencing Reporter. 2012; 244245–259 doi: https://doi.org/10.1525/fsr.2012.24.4.245
Published: 01 April 2012
... proper limits on its use. Instead, the mere mention of “deference” has emerged as a catch-all justification for curtailing both the burden on prison officials to ensure constitutional prisons and prisoners' prospects for recovery even for arguably meritorious claims. The role of deference in prison law...
Journal Articles
Federal Sentencing Reporter. 2019; 32115–19 doi: https://doi.org/10.1525/fsr.2019.32.1.15
Published: 01 October 2019
... the law punishes by death, it risks its own sudden descent into brutality, trans- gressing the constitutional commitment to decency and restraint. 2 Justice Kennedy was primarily describing the Court s responsibility to enforce constitutional restraints on the worst impulses of popular will. His...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5321–330 doi: https://doi.org/10.1525/fsr.2019.31.4-5.321
Published: 01 April 2019
... Trial Penalty,2 have demonstrated the way in which guilty pleas, in the form of plea bargaining, have eclipsed the Constitutional guarantee to a trial by jury in the United States. In so doing, plea bargaining is seriously undermining Constitutional enforcement of individual rights and driving the...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5239–247 doi: https://doi.org/10.1525/fsr.2019.31.4-5.239
Published: 01 April 2019
... determining a path forward that preserves the meaningfulness of inno- cence, protects the constitutional right to trial, ensures pleas are voluntary, and allows for the efficiency and ben- eficial aspects of bargains. IV. The Future of Plea Bargaining As we contemplate what the future might hold for plea...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5309–315 doi: https://doi.org/10.1525/fsr.2019.31.4-5.309
Published: 01 April 2019
... and punishes those who don t. It transforms what should be a defendant s considered and informed decision about whether to exercise the constitutional right to be judged by a jury of one s peers in open court into a backroom roll of the dice. It is the criminal justice equivalent of a shakedown more...
Journal Articles
Federal Sentencing Reporter. 2018; 312112–115 doi: https://doi.org/10.1525/fsr.2018.31.2.112
Published: 01 December 2018
...: Risk assessment is not an exact science. But, in the aggregate, it is massively superior to what constitutes business as usual at the moment: judges and prose- cutors and other criminal justice officials making decisions about who should be in jail and who shouldn t with little information beyond a rap...
Journal Articles
Federal Sentencing Reporter. 2018; 312126–132 doi: https://doi.org/10.1525/fsr.2018.31.2.126
Published: 01 December 2018
.... Federal solitary confinement has also faced critical expose´s from national news outlets and litigation from prisoners rights advocates. In spite of all this attention, considerable confusion persists as to what constellation of conditions constitutes solitary confinement (let alone which of these...
Journal Articles
Federal Sentencing Reporter. 2018; 304-5283–293 doi: https://doi.org/10.1525/fsr.2018.30.4-5.283
Published: 01 April 2018
... California s next big criminal justice project. And this is the moment: California has the political will and the public mandate to build a fair and efficient infrastructure that fosters public safety and provides a permanent exit from the criminal justice system. Appendix A: A Plan for Redesigning the...
Journal Articles
Federal Sentencing Reporter. 2017; 30294–102 doi: https://doi.org/10.1525/fsr.2017.30.2.94
Published: 01 December 2017
... moment and not on the larger, slower, and perhaps more subtle stories. In the words of Professor David Ball, There are systemic stories that are less personal but perhaps of greater social impact. What happens to a community where incarceration is prevalent? What happens to the children of the imprisoned...
Journal Articles
Federal Sentencing Reporter. 2017; 295231–233 doi: https://doi.org/10.1525/fsr.2017.29.5.231
Published: 01 June 2017
... administration s clemency initiative, which represented the first broad, principled use of the Constitution s Pardon Power in four decades. In electing to use the tool of clemency to address what he saw as the over-sentencing of non-violent narcotics offenders, President Obama invited controversy and brought to...
Journal Articles
Federal Sentencing Reporter. 2017; 295259–262 doi: https://doi.org/10.1525/fsr.2017.29.5.259
Published: 01 June 2017
... the substantial sentences our clients face. We hope to instill in our students a recognition that defending the vulnerable and often despised is not just worthwhile but noble, that the Constitution guarantees every defendant a zealous advo- cate, and that there is power not only in telling a client s...
Journal Articles
Federal Sentencing Reporter. 2017; 295234–246 doi: https://doi.org/10.1525/fsr.2017.29.5.234
Published: 01 June 2017
... the disparity in federal sentencing between crack and powder cocaine. I continued the account in 2010, when I penned A Bittersweet Moment in History2 written on the cusp of the passage of the Fair Sentencing Act, which reduced that disparity. Now, nearly 20 years from my first FSR article, I...
Journal Articles
Federal Sentencing Reporter. 2017; 295267–270 doi: https://doi.org/10.1525/fsr.2017.29.5.267
Published: 01 June 2017
... number of pressing issues for the president to decide dealing with foreign or domestic policy (putting criminal justice issues aside for the moment) is ever increasing, as is the number of agencies and personnel he must supervise. Either of those subjects alone would exhaust the time that even the most...
Journal Articles
Federal Sentencing Reporter. 2017; 294217–220 doi: https://doi.org/10.1525/fsr.2017.29.4.217
Published: 01 April 2017
...Judge James G. Carr © 2017 Vera Institute of Justice 2017 Why Pretrial Release Really Matters In any criminal case, there are a few hinge moments that determine whether there will be a trial and, trial or not, whether the sentence the court imposes will, in relative terms, be shorter or...
Journal Articles
Federal Sentencing Reporter. 2017; 294201–206 doi: https://doi.org/10.1525/fsr.2017.29.4.201
Published: 01 April 2017
... board. On the contrary, from the moment the Denver drug court was created, the percentage of drug cases exploded, jumping from 27.8% immediately before drug court to 51.6% immediately after.19 The numbers and percentages for the eleven-year period from 1991 through 2001 (the Denver drug court became...
Journal Articles
Federal Sentencing Reporter. 2017; 294186–189 doi: https://doi.org/10.1525/fsr.2017.29.4.186
Published: 01 April 2017
... wired-for-sound hotel room-an achievement which has never impressed me as a particularly proud moment in the history of law enforcement. Another illustration of the effectiveness of the war on drugs occurred in a case prosecuted before me several years ago. The main defendant was a convicted drug dealer...