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failure-appear

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Journal Articles
Federal Sentencing Reporter. 2011; 24115–20 doi: https://doi.org/10.1525/fsr.2011.24.1.15
Published: 01 October 2011
... juvenile detention policy. The RAI provides reliable guidance on risks of failure to appear or rearrest. The ATDs provide effective program alternatives to detention for moderate-risk youth. Given early outcomes, it appears that New York City's reform effort could serve as a model for other jurisdictions...
Journal Articles
Federal Sentencing Reporter. 2019; 322106–108 doi: https://doi.org/10.1525/fsr.2019.32.2.106
Published: 01 December 2019
... have not been sentenced before enactment. However, it does not appear to apply retroactively, with the exception of the direct retroactive application of the Fair Sentencing Act of 2010, which targeted crack/cocaine dis- parity. In addition, the Act reduces some federal sentences for repeated drug...
Journal Articles
Federal Sentencing Reporter. 2019; 322109–123 doi: https://doi.org/10.1525/fsr.2019.32.2.109
Published: 01 December 2019
... to enact, and some form of guidelines is arguably better than none. Moreover, several jurisdictions began with weak guidelines and later upgraded them (for example, four systems added a sentencing commission). On the other hand, weaker guidelines do appear to be more vulnerable to being partially or...
Journal Articles
Federal Sentencing Reporter. 2019; 32132–35 doi: https://doi.org/10.1525/fsr.2019.32.1.32
Published: 01 October 2019
... with mental illness. They provide an alternative to incarceration, seeking to use the authority of the court for the betterment of those appearing before it. By using principles of ther- apeutic jurisprudence, they attempt to achieve two sepa- rate but interrelated outcomes improved psychiatric...
Journal Articles
Federal Sentencing Reporter. 2019; 32123–27 doi: https://doi.org/10.1525/fsr.2019.32.1.23
Published: 01 October 2019
... acknowledged that he knew his visa had expired.11 Nevertheless, the Court apparently decided that Rehaif presented an important question of law that has not been, but should be, settled by this Court. 12 The best explanation for the certiorari grant appears to be the influence of Justice FEDERAL SENTENCING...
Journal Articles
Federal Sentencing Reporter. 2019; 32115–19 doi: https://doi.org/10.1525/fsr.2019.32.1.15
Published: 01 October 2019
....6 At first blush, the 2018 Term may appear to exhibit some of this typical push-and-pull between judicial restraint and anti-brutality norms in the Court s regulation of the death penalty. In Madison v. Alabama,7 for example, the Court ruled in favor of a condemned prisoner with dementia and memory...
Journal Articles
Federal Sentencing Reporter. 2019; 32136–41 doi: https://doi.org/10.1525/fsr.2019.32.1.36
Published: 01 October 2019
... like to say that my day job has been repairing damaged adults who appear before me in court, but in my free time my real passion is growing healthy and vibrant children. Having now read hundreds of presentence reports in my career, I can say with confidence that nearly all defendants who appear in my...
Journal Articles
Federal Sentencing Reporter. 2019; 3218–14 doi: https://doi.org/10.1525/fsr.2019.32.1.8
Published: 01 October 2019
... legitimacy of forfeiture as a valid law- enforcement tool.34 Some police forces appear to use it to 10 FEDERAL SENTENCING REPORTER VOL . 32 , NO . 1 OCT OB ER 2019 procure resources rather than fight crime. They proceed against property owners without sufficient proof of crimi- nal conduct. Yet the...
Journal Articles
Federal Sentencing Reporter. 2019; 32142–49 doi: https://doi.org/10.1525/fsr.2019.32.1.42
Published: 01 October 2019
..., there appears to be broad, bipartisan agreement that we incarcerate too many people for too long. By identi- fying offenders who have a chance of transforming their lives, whether by overcoming self-destructive patterns of behavior or through engaging in restor- ative processes with those they ve harmed...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5272–278 doi: https://doi.org/10.1525/fsr.2019.31.4-5.272
Published: 01 April 2019
... hearing where the defendant is represented by counsel, taking into account several factors relevant to public safety, including the violent and dangerous nature of the crime, weight of the evidence against the defendant, past failures to appear, and criminal history. The results have been impressive, with...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5303–308 doi: https://doi.org/10.1525/fsr.2019.31.4-5.303
Published: 01 April 2019
... Act of 1976. . . . Discretion appears to be an enduring component of any sentencing policy. [Restricting judicial discretion] will not eliminate discretion, but merely shift the discretion to an earlier stage.13 Although the Senate bill authorized the Sentencing Com- mission to issue policy statements...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5222–225 doi: https://doi.org/10.1525/fsr.2019.31.4-5.222
Published: 01 April 2019
... too often the Sixth Amendment right to a lawyer comes with the heavy cost of more time in jail or more case delays and life disruptions. The lawyer penalty is imposed when people who are arrested and held in custody make their first appearance in court after spending a night, a week, or sometimes even...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5284–298 doi: https://doi.org/10.1525/fsr.2019.31.4-5.284
Published: 01 April 2019
... jurisdictions, may in theory only be imposed to ensure the defendant appears in court,22 those requirements are often honored primar- ily in the breach.23 Thus, money bail remains the default in America, and routinely exceeds what many defendants can afford.24 B. Tactical Seizure of Assets to Impair Retention...
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
... mission of the criminal justice system, an approach still taken in many common law countries. Plea bargaining as it is known today is actually a relatively recent American invention that appeared first around the time of the American civil war, later became a tool of corruption during the early twentieth...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5215–221 doi: https://doi.org/10.1525/fsr.2019.31.4-5.215
Published: 01 April 2019
... positive and hopeful developments that may ener- gize a trial penalty reform movement in the United States. Ms. Shaeffer notes that the Fair Trials research shows that the the so-called trial penalty is one aspect of trial waiver systems that appears to be almost wholly unique to the United States In...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5316–320 doi: https://doi.org/10.1525/fsr.2019.31.4-5.316
Published: 01 April 2019
.... 273, 273 (1978) Alschuler and Friedman] agree that plea bargaining was probably non- existent before 1800, began to appear during the early or mid- nineteenth century, and became institutionalized as a stan- dard feature of American urban criminal courts in the last third of the nineteenth century 24...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5248–255 doi: https://doi.org/10.1525/fsr.2019.31.4-5.248
Published: 01 April 2019
... is dis- appearing? The answer is resoundingly yes. The vanishing adversary system threatens to undermine the fundamental principles on which the nation was founded. The right to a jury trial was enshrined in the Constitution as a bulwark against abuse of power by the government. It is the right to...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5331–368 doi: https://doi.org/10.1525/fsr.2019.31.4-5.331
Published: 01 April 2019
... of wire fraud based on an alleged failure to repay a bank loan and false statements to the bank. After pleading guilty, his attorney obtained documents in a civil lawsuit with the bank showing that the bank was in fact aware that the money would not be immediately repaid and that the bank was part of...
Journal Articles
Federal Sentencing Reporter. 2019; 313171–176 doi: https://doi.org/10.1525/fsr.2019.31.3.171
Published: 01 February 2019
... single subject rule on December 12, 2017, by the Ohio Ballot Board. On July 23, 2018, the ballot initiative was certified by the Secretary of State for the November 6, 2018, election, appearing as State Issue 1.11 It proposed sweeping changes to the criminal justice system, including:  Reclassifying...
Journal Articles
Federal Sentencing Reporter. 2018; 31190–98 doi: https://doi.org/10.1525/fsr.2018.31.1.90
Published: 01 October 2018
... has flattened out and shown a slight decrease (SSB 2018: table 1). The police appear mainly as a threat to street-level drug users, but this image is not clear-cut. The main point so far is to establish polic- ing as one of the cornerstones representing a source of 92 FEDERAL SENTENCING REPORTER VOL...