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Journal Articles
Federal Sentencing Reporter. 2001; 133-4125–133 doi: https://doi.org/10.1525/fsr.2000.13.3-4.125
Published: 01 February 2001
... system was largely taken over in the 1930Õs by Fear of Forgiving: Rule and Discretion in the Theory and Practice of Pardoning MARGARET COLGATE LOVE Of Counsel, Brand & Frulla, Washington, D.C. The writer was U.S. Pardon Attorney from 1990 until 1997 and was invited to par- ticipate as a guest edi- tor of...
Journal Articles
Federal Sentencing Reporter. 1999; 114187–193 doi: https://doi.org/10.2307/20640166
Published: 01 January 1999
... Rodrigues McBride, to José A. Cabranes (Dec. 12, 1996). To Fear Judging No More: Recommendations for the Federal Sentencing Guidelines A. Law Without Judgment The federal Sentencing Guidelines were born of a naive commitment to the ideal of rationality, an enduring faith in bureaucratic administration...
Journal Articles
Federal Sentencing Reporter. 2020; 323153–156 doi: https://doi.org/10.1525/fsr.2020.32.3.153
Published: 01 February 2020
... Expansion Enacted in the wake of historic peaks in violence and public fear of crime, the Violent Crime Control and Law Enforcement Act of 1994 (Crime Bill)1 included provisions to directly and indirectly affect the size and composition of state and federal prison populations. Among these were measures that...
Journal Articles
Federal Sentencing Reporter. 2020; 323181–183 doi: https://doi.org/10.1525/fsr.2020.32.3.181
Published: 01 February 2020
... surge in proposals for new or expanded sentencing commissions. Because sentencing is so dang hard, expert agencies are a must, yet they are still absent from a majority of U.S. jurisdictions. Moreover, and I welcome feedback from this crowd on this point, I fear that existing sentencing com- missions...
Journal Articles
Federal Sentencing Reporter. 2020; 323147–152 doi: https://doi.org/10.1525/fsr.2020.32.3.147
Published: 01 February 2020
... peaked at 758 violent crimes per 100,000 population in the early 1990s, a level 27% higher than the previous peak in 1980 and 371% higher than in 1960.3 The violence and fear associated with the crack cocaine epidemic of the FEDERAL SENTENC ING REPORTER VOL . 32 , NO . 3 FEBRUARY 2020 147 Federal...
Journal Articles
Federal Sentencing Reporter. 2019; 322104–105 doi: https://doi.org/10.1525/fsr.2019.32.2.104
Published: 01 December 2019
... conditions of confinement are humane and safe and that BOP facilities promote a climate that is both secure and conducive to rehabilitation. Think about it: if you had unmet medical needs, or feared for your personal safety, how likely is it that you would bring your best self to a GED class or substance...
Journal Articles
Federal Sentencing Reporter. 2019; 322109–123 doi: https://doi.org/10.1525/fsr.2019.32.2.109
Published: 01 December 2019
... Apprendi requirements apply to contested facts that invoke a statutory mandatory minimum (or facts that raise a guidelines grid cell floor At the time Blakely was decided, some observers feared the case would spell the end of sentencing guidelines reforms, or at least of legally binding guidelines that...
Journal Articles
Federal Sentencing Reporter. 2011; 242102–107 doi: https://doi.org/10.1525/fsr.2011.24.2.102
Published: 01 December 2011
... within a growing fear of the Internet itself. The article continues by surveying current demographic research on possession offenders. Drawing on this data and related research, the article considers what the literature can contribute to sentencing policy, simultaneously showcasing vast differences...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5226–233 doi: https://doi.org/10.1525/fsr.2019.31.4-5.226
Published: 01 April 2019
... faith in the jury-trial system that they chose to put themselves in prison anyway. Why? Indiscriminate fear. The looming dread of a long prison sentence terrifies both the guilty and the innocent. Plea bargains are a kind of insurance, allowing defendants to settle for less. Cold-eyed math leads...
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
... sentence. This was no longer true. A decade after the enactment of the new sentencing regime, law professor Kate Stith and New York federal judge Jose Cabranes, in their book Fear of Judging, wrote that sentencing had become a puppet theatre where judges had ceased to be judges.16 Empowering the...
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
... establishes culpability, many people feel pressured to declare guilt even if they are innocent due to fear of losing at trial, where a loss could mean three or four times the amount of potential time in prison if convicted.38 Judge Jed Rakoff described the typical offer that defendants must consider, stating...
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
... Guidelines era, and in myriad ways, prosecutors incentivize a defendant s waiver of trial rights through a promise of leniency. As was feared, a fact-driven guideline system ipso facto bestows prosecutors with tremendous power to determine sentencing outcomes inasmuch as they are masters of the facts, the...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5265–271 doi: https://doi.org/10.1525/fsr.2019.31.4-5.265
Published: 01 April 2019
... Fourteenth Amendment s Due Process Clause requires that vindictiveness against a defendant for having successfully attacked his first con- viction must play no part in the sentence he receives after a new trial. Additionally, the Court held that, since the fear of such vindictiveness may...
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
... the future or for those who we fear will commit dangerous offenses. And, although life or decades-long sentences for low-level drug offenders all but ensure they will be unable to reoffend in the community, these sen- tences can hardly be justified as necessary for our protection. Similarly, our need...
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
... the torture of fear, comes in so questionable a shape . . . that no credit ought to be given to it. 9 Such rebuffs of offers of leniency or threats of pun- ishment as inducements to plead guilty traveled across the FEDERAL SENTENC ING REPORTER VOL . 31 , NO . 4 -5 APR IL/ JUNE 2019 239 Federal...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5256–264 doi: https://doi.org/10.1525/fsr.2019.31.4-5.256
Published: 01 April 2019
...- ished More Harshly? American Sociological Review 65(5): 705 29. Stith, Kate, and Jose A. Cabranes. 1998. Fear of Judging: Sentenc- ing Guidelines in the Federal Courts. Chicago: University of Chi- cago Press. Testa, Alex, and Brian D. Johnson. 2019. Paying the Trial Tax: Race, Guilty Pleas, and...
Journal Articles
Journal Articles
Federal Sentencing Reporter. 2019; 313187–194 doi: https://doi.org/10.1525/fsr.2019.31.3.187
Published: 01 February 2019
... fear that someone will see my pictures and recognize me and that I will be humiliated all over again. 5 The ongoing victimization Amy suffers from the con- tinued distribution and collection of her images will last throughout her entire life. She could not complete college and finds it difficult to...
Journal Articles
Federal Sentencing Reporter. 2019; 313177–181 doi: https://doi.org/10.1525/fsr.2019.31.3.177
Published: 01 February 2019
... havens and get-out-of-jail-free cards had made criminal justice issues too politically toxic for the General Assembly to consider. Thus far, however, those fears seem unfounded. Ohio Senate President Larry Obhof, a harsh critic of Issue 1, has already announced that smart criminal justice reform will...
Journal Articles
Federal Sentencing Reporter. 2018; 312149 doi: https://doi.org/10.1525/fsr.2018.31.2.149
Published: 01 December 2018
... incentivized pro- gramming for those individuals who already pose little threat of re-offending. The best evidence we have about prison programming is that it should be targeted at indi- viduals who need it the most and that incentives should be used to encourage participation. We fear that the bill s failure...