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Keywords: Judicial discretion
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Journal Articles
Putting the “Compassion” in Compassionate Release: The Need for a Policy Statement Codifying Judicial Discretion
Available to Purchase
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2023) 35 (3): 164–174.
Published: 01 February 2023
... and unjust sentences. Judges in certain federal circuits, however, have been increasingly constrained by appellate case law that cabins judicial discretion. This article makes the case for the Sentencing Commission to expand and codify in its forthcoming policy statement judicial discretion to identify...
Journal Articles
The United States Sentencing Commission, Compassionate Release, and Judicial Discretion: The 2022–2023 Amendment Cycle
Available to Purchase
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2023) 35 (3): 175–180.
Published: 01 February 2023
... proposals the Commission has presented for comment, and presents the choices through the lens of one incarcerated person’s experience. © 2023 Vera Institute of Justice. All rights reserved. 2023 Compassionate release Judicial discretion Guideline amendment Extraordinary and compelling First Step...
Journal Articles
Advice for a New Sentencing Commission: Stronger Advocacy for Abolishing Mandatory Minimum Sentences
Available to Purchase
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2022) 35 (1): 9–11.
Published: 01 October 2022
... Commission Mandatory minimums Judicial discretion Individualized sentencing Advice for a New Sentencing Commission: Stronger Advocacy for Abolishing Mandatory Minimum Sentences President Biden recently announced a slate of nominees to the U.S. Sentencing Commission ( Commission among them former U.S...
Journal Articles
Making Sense of Sentences
Available to Purchase
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2022) 34 (4): 245–250.
Published: 01 April 2022
..., error, or prejudice. sentencing purposes of punishment retribution deterrence incapacitation judicial discretion explanation rationality reason-giving © 2022 Vera Institute of Justice. All rights reserved. 2022 Making Sense of Sentences The penal policies of this country have...
Journal Articles
Supporting Responsive Federal Drug Sentencing Through Education in the Workshop on Science-Informed Decision Making
Available to Purchase
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2021) 34 (1): 12–22.
Published: 01 October 2021
... heuristics for exercising ends of the criminal case process, but it earns dedicated judicial discretion. instructional time at the Workshop in light of the poten- tional for behavior at this stage to make or break a sen- Indeed, when sentencing is grounded in empirical tencing judge s assessment...
Journal Articles
Sentencing Federal Drug Offenders: Evidence of Judicial Activism
Available to Purchase
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2021) 34 (1): 23–28.
Published: 01 October 2021
...) principally by restraining judicial discretion. Proponents a quantitative component that statistically analyzes of this package hoped that it would end judge-to-judge and numerical data from a large sample of individual sentences region-to-region disparities, promote candor in sentencing, and (2...
Journal Articles
From the Bird’s Eye: The Sixth Circuit’s Efforts to Breathe Life into Substantive Reasonableness Review
Available to Purchase
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2021) 33 (4): 221–228.
Published: 01 April 2021
... stakeholders to look elsewhere, including either legislative reform or appointment of a more diverse set of district judges. © 2021 Vera Institute of Justice. All rights reserved. 2021 substantive reasonableness judicial discretion bird’s-eye view mine-run case judicial review From the Bird s...
Journal Articles
Here Come the Judges: A Judicial Response to Anticipated Concerns over a Statewide Criminal Sentencing Database—Aligning Algorithmic Risk Assessments with Criminal Justice Values
Available to Purchase
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2021) 33 (4): 247–249.
Published: 01 April 2021
.... FEDERAL SENTENCING REPORTER VOL. 33, NO. 4 APRIL 2021 249 Ohio sentencing data trial court Ohio Criminal Sentencing Commission justice statewide criminal sentencing database judiciary judicial discretion ...
Journal Articles
Anticipating the Judicial Response to Ohio’s Proposed Statewide Sentencing Database
Available to Purchase
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2021) 33 (4): 244–246.
Published: 01 April 2021
... judicial discretion racial fairness Anticipating the Judicial Response to Ohio s Proposed Statewide Sentencing Database SCOTT A. I. Introduction II. Preserving Discretion, Not Avoiding Hard Work, Is ANDERSON* In her recent State of the Judiciary Address,1 Ohio Supreme Court Chief Justice Maureen O...
Journal Articles
Pandemic Compassionate Release and the Case for Improving Judicial Discretion over Early Release Decisions
Available to Purchase
Journal:
Federal Sentencing Reporter
Federal Sentencing Reporter (2020) 33 (1-2): 27–35.
Published: 01 December 2020
... the potential of the new compassionate release process as modified by the First Step Act, Congress should avoid concurrent systems of release and judicial discretion over early release should be expanded by statute or via an updated Sentencing Commission policy statement. © 2020 Vera Institute of Justice. All...