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Keywords: sentencing
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Journal Articles
Federal Sentencing Reporter (2021) 33 (4): 252–258.
Published: 01 April 2021
...Benjamin L. Chanenson Data are essential for good sentencing policy. It is impossible to act intelligently without knowing what is happening on the ground. This is especially true with drug offenses, which drive a significant portion of prosecutions and sentences every year. Accessible, high...
Journal Articles
Federal Sentencing Reporter (2021) 33 (4): 237–239.
Published: 01 April 2021
...Sara Andrews The complex, intricate process of felony sentencing in Ohio makes ensuring clear, comprehendible sentences of the utmost import for the administration of justice and promoting confidence in the system. As such, for more than a year, the Ohio Criminal Sentencing Commission worked with...
Journal Articles
Federal Sentencing Reporter (2021) 33 (4): 247–249.
Published: 01 April 2021
...Justice Michael P. Donnelly; Judge Gene A. Zmuda; Judge Pierre H. Bergeron We are Ohio state court judges with actual experience in imposing and/or reviewing criminal felony sentences. We are unaware of any expressed objection by Ohio’s judiciary to having more relevant information available to a...
Journal Articles
Federal Sentencing Reporter (2021) 33 (4): 217–220.
Published: 01 April 2021
...Steven L. Chanenson; Douglas A. Berman Sentencing data are ubiquitous, as are discussions about the need for and importance of data collection and assessments. More and more criminal justice stakeholders acknowledge—or even proclaim—that data are valuable, if not essential, for sentencing decision...
Journal Articles
Federal Sentencing Reporter (2021) 33 (3): 160–162.
Published: 01 February 2021
... with their executive and legislative colleagues. The essay also chronicles Judge Weinstein’s approach to sentencing and commitment to procedural justice. © 2021 Vera Institute of Justice. All rights reserved. 2021 Sentencing Sentencing Guidelines Judge Justice Procedural Justice Prison...
Journal Articles
Federal Sentencing Reporter (2021) 33 (3): 155–159.
Published: 01 February 2021
...Kate Stith Over more than half a century of service on the federal bench Judge Weinstein has produced reams of articles, speeches, and opinions, attempting to convince higher courts and Congress to recast sentencing law on the basis of fairness. Like any great jurist, Judge Weinstein did not win...
Journal Articles
Federal Sentencing Reporter (2021) 33 (3): 168–172.
Published: 01 February 2021
... as well as the wider federal criminal legal system. © 2021 Vera Institute of Justice. All rights reserved. 2021 courts criminal procedure federal criminal law sentencing supervised release Serving a Rehabilitative Goal: Assessing Judge Jack B. Weinstein s Supervised Release...
Journal Articles
Federal Sentencing Reporter (2021) 33 (3): 184–188.
Published: 01 February 2021
...Thomas Ward Frampton © 2021 Vera Institute of Justice. All rights reserved. 2021 judges sentencing robes mass incarceration Code of Judicial Conduct Hanging Up the Robe I. Introduction When a death sentence is carried out in the United States, the executioner often wears a distinct...
Journal Articles
Federal Sentencing Reporter (2021) 33 (3): 189–196.
Published: 01 February 2021
...Deirdre D. von Dornum Judge Jack B. Weinstein approached every sentencing with his trademark compassion and intellectual rigor. This was nowhere more evident than in two of the most challenging sentencing contexts: child pornography and terrorism. This essay considers Judge Weinstein’s refusal to...
Journal Articles
Federal Sentencing Reporter (2020) 33 (1-2): 1–2.
Published: 01 December 2020
...Douglas A. Berman The remarkable events of 2020 have disrupted and altered all sorts of plans, and this issue of FSR covers some of the many varied criminal justice and sentencing echoes of the ongoing COVID-19 pandemic and urgent new calls for racial justice. The intense and dynamic topics that...
Journal Articles
Federal Sentencing Reporter (2020) 33 (1-2): 11–21.
Published: 01 December 2020
...Nora V. Demleitner Recidivism is now the guiding principle of punishment and has become the new hallmark of criminal justice reform, as reflected in the U.S. Sentencing Commission’s recidivism project. So far, the Commission has issued three reports in 2020 alone, which outline the parameters...
Journal Articles
Federal Sentencing Reporter (2020) 33 (1-2): 22–26.
Published: 01 December 2020
... community (meso), and individual (micro) levels—and develop strategies accordingly. This article demonstrates how racial disparities in sentencing are produced and could potentially be addressed at all three levels. © 2020 Vera Institute of Justice. All rights reserved. 2020 Sentencing discretion...
Journal Articles
Federal Sentencing Reporter (2020) 33 (1-2): 27–35.
Published: 01 December 2020
...David Roper After decades of Bureau of Prisons’ maladministration of the sentence reduction authority authorized by 18 U.S.C. § 3582, Congress passed the First STEP Act of 2018 with the intention of expanding the use and transparency of compassionate release. Although the COVID-19 pandemic was not...
Journal Articles
Federal Sentencing Reporter (2020) 32 (3): 125–127.
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 (2020) 32 (3): 128–137.
Published: 01 February 2020
...Mark H. Allenbaugh Antonin Scalia famously observed in his dissent in United States v. Booker that an advisory sentencing guidelines regime would result in a “discordant symphony” where similarly situated offenders would receive ad hoc sentences. As this article demonstrates through a statistical...
Journal Articles
Federal Sentencing Reporter (2020) 32 (3): 181–183.
Published: 01 February 2020
...Douglas A. Berman This essay, adapted from a speech upon receipt of the 2018 Richard P. Kern Memorial Award from the National Association of Sentencing Commissions, details why sentencing is “dang hard” and explores implications of that reality. The essay argues that the challenges of sentencing...
Journal Articles
Federal Sentencing Reporter (2019) 32 (2): 109–123.
Published: 01 December 2019
...Richard S. Frase This article updates the author’s previous survey of guidelines systems, published in this journal in 1999, and reviews what these reforms have and have not accomplished. Sentencing guidelines developed by an independent sentencing commission are currently being used in 17 states...
Journal Articles
Federal Sentencing Reporter (2019) 32 (2): 76–85.
Published: 01 December 2019
...Sarah French Russell Under the First Step Act of 2018, federal prisoners may now petition courts directly for reduction of their sentences, and judges may grant such requests if “extraordinary and compelling reasons” support reduction. Judges are also in the process of imposing reduced sentences in...
Journal Articles
Federal Sentencing Reporter (2019) 32 (2): 65–69.
Published: 01 December 2019
... 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...
Journal Articles
Federal Sentencing Reporter (2014) 26 (5): 283–286.
Published: 01 June 2014
...Steven L. Chanenson; Douglas A. Berman Ten years after the Supreme Court issued its Blakely decision, American sentencing law and policy feel very different. In 2004, many believed modern sentencing systems were destined always to be on a legislatively driven, inexorable march to ever-greater...