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Keywords: sentencing
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Journal Articles
Federal Sentencing Reporter (2023) 35 (4-5): 213–219.
Published: 01 June 2023
...Steven L. Chanenson; Douglas A. Berman Fifty years ago, Judge Marvin E. Frankel published a slim volume that has had an outsized and enduring impact on the criminal justice system in the United States and around the globe. In Criminal Sentences: Law without Order , Frankel captured the public’s...
Journal Articles
Federal Sentencing Reporter (2023) 35 (4-5): 226–233.
Published: 01 June 2023
...Albert W. Alschuler Although this article applauds many of the criticisms of sentencing practices contained in Judge Marvin Frankel’s influential book, Criminal Sentences: Law Without Order , it maintains that the reforms he championed failed to advance the goal of greater certainty in sentencing...
Journal Articles
Federal Sentencing Reporter (2023) 35 (4-5): 234–239.
Published: 01 June 2023
...Jelani Jefferson Exum As a sentencing scholar, Judge Frankel’s boldness and willingness to dream big about creating a different sentencing system have inspired me throughout my career. His willingness to call for reconstructing the sentencing system is an appeal that still rings true today. Despite...
Journal Articles
Federal Sentencing Reporter (2023) 35 (4-5): 262–267.
Published: 01 June 2023
...Marta Nelson Our addictions to carceral sentences take away people’s freedom, reduce safety through weakening communities, and disproportionately target Black people because our nation’s conceptions of who needs to be punished, deterred, or locked away are so tied to anti-Blackness...
Journal Articles
Federal Sentencing Reporter (2023) 35 (3): 151–152.
Published: 01 February 2023
...Steven L. Chanenson In the summer of 2022, various aspects of the federal sentencing world seemed frozen in time. The U.S. Sentencing Commission couldn’t respond to vital legislative or practical developments because it lacked a quorum, as it had for more than three years. Meanwhile, federal...
Journal Articles
Federal Sentencing Reporter (2023) 35 (3): 164–174.
Published: 01 February 2023
...Erica Zunkel; Jaden M. Lessnick In a harsh and inflexible system that offers few opportunities for judges to reevaluate the sentences they impose when circumstances warrant, federal compassionate release holds great promise. When the First Step Act was passed in 2018, sentencing judges were freed...
Journal Articles
Federal Sentencing Reporter (2023) 35 (3): 198–204.
Published: 01 February 2023
...Kelly Lyn Mitchell This essay on the obligations of sentencing commissions to constantly reassess their policies is adapted from the speech given by Kelly Lyn Mitchell, Chair of the Minnesota Sentencing Guidelines Commission, upon receiving the Richard P. Kern Memorial Award from the National...
Journal Articles
Federal Sentencing Reporter (2023) 35 (3): 181–185.
Published: 01 February 2023
... sentencing federal criminal law prison elderly The Door Is Still Open: Compassionate Release and the Aging Prisoner As COVID-19 threatened the lives of those incarcerated, compassionate release motions emerged as a critical mechanism to seek the release of those individuals most vulnerable to severe...
Journal Articles
Federal Sentencing Reporter (2022) 35 (1): 59–72.
Published: 01 October 2022
...Elizabeth Berger; Kent S. Scheidegger In response to prison overcrowding concerns in recent years, many U.S. officials have undertaken efforts to reduce sentence lengths for certain crimes. However, it is unclear how these changes affect recidivism rates. Among the research on incarceration...
Journal Articles
Federal Sentencing Reporter (2022) 35 (1): 1–4.
Published: 01 October 2022
...Steven L. Chanenson; Douglas A. Berman As the famed legal scholar Yogi Berra once observed, “It’s like deja vu all over again.” Those wise words can describe the U.S. Sentencing Commission. Once again, we find ourselves with a fresh, full-strength Commission brimming with all the promise...
Journal Articles
Federal Sentencing Reporter (2022) 34 (5): 327–333.
Published: 01 June 2022
...Christine S. Scott-Hayward; Connie Ireland Decades of research on the impact of pretrial detention demonstrates that pretrial detention has consistent negative impacts on case outcomes. In particular, in the federal system, detained defendants are more likely to be sentenced to prison...
Journal Articles
Federal Sentencing Reporter (2022) 34 (5): 269–273.
Published: 01 June 2022
...Jacob Schuman This special issue of the Federal Sentencing Reporter is dedicated to community supervision in the federal criminal justice system. Federal law recognizes two justifications for community supervision: public safety and rehabilitation. Yet these justifications are in tension...
Journal Articles
Federal Sentencing Reporter (2022) 34 (5): 318–321.
Published: 01 June 2022
... rehabilitation. © 2022 Vera Institute of Justice. All rights reserved. 2022 supervision sentencing criminal rehabilitation law judges judicial reentry The Judicial Role in Supervision and Reentry JACOB SCHUMAN Assistant Professor, Penn State Law Judges and courts play a key role in federal...
Journal Articles
Federal Sentencing Reporter (2022) 34 (4): 245–250.
Published: 01 April 2022
... something else: greater attention to the humanity of offenders at the sentencing proceeding. Sentencing now is often a routine, unreasoned affair; even draconian sentences are sometimes imposed with little or no explanation of the goals they are meant to serve. Respect for dignity demands more than...
Journal Articles
Journal Articles
Federal Sentencing Reporter (2021) 34 (1): 2–11.
Published: 01 October 2021
...Hon. Lynn Adelman In my paper, I discuss what I believe is the most effective approach to sentencing drug defendants. I start with the proposition that in many, if not most cases, incarcerating drug offenders does more harm than good. Imprisonment contributes to mass incarceration, does not deter...
Journal Articles
Federal Sentencing Reporter (2021) 34 (1): 71–79.
Published: 01 October 2021
...Colleen M. Berryessa Using a national sample of U.S. adults ( N = 371), this study experimentally examines (1) public support for the use of strategies that provide early release (i.e., “second chance” mechanisms) to individuals serving long-term prison sentences for drug crimes; and (2) how levels...
Journal Articles
Federal Sentencing Reporter (2021) 34 (1): 80–88.
Published: 01 October 2021
...Sarah Brady Siff The early history of drug sentences in California provides a quintessential example of structural racism in law. The demands of white voters to escalate penalties for drug crimes followed a pattern of collective myth making and value signaling that insisted opiates, cocaine...
Journal Articles
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...