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Journal Article
Bettering Prosecutorial Engagement to Reduce Crime, Prosecutions, and the Criminal Justice Footprint
Available to Purchase
Federal Sentencing Reporter (2020) 32 (4): 212–220.
Published: 01 April 2020
...Assistant District Attorney Sabrina Margret Bierer © The Ohio State University Bettering Prosecutorial Engagement to Reduce Crime, Prosecutions, and the Criminal Justice Footprint ASSISTANT DISTRICT ATTORNEY SABRINA MARGRET BIERER Attorney-in-Charge of Legislative Affairs, Manhattan District...
View articletitled, Bettering <span class="search-highlight">Prosecutorial</span> Engagement to Reduce Crime, Prosecutions, and the Criminal Justice Footprint
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Journal Article
Panel II: The Effects of Region, Circuit, Caseload and Prosecutorial Policies on Disparity
Available to Purchase
Federal Sentencing Reporter (2003) 15 (3): 165–178.
Published: 01 February 2003
...Dan Freed © The Ohio State University Panel II: The Effects of Region, Circuit, Caseload and Prosecutorial Policies on Disparity Notes from the Symposium Organizers The Symposium Organize rs convened Pane l II to discus s inter-district dis parities in federal sentencing , particularly what...
View articletitled, Panel II: The Effects of Region, Circuit, Caseload and <span class="search-highlight">Prosecutorial</span> Policies on Disparity
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Journal Article
The Relationship of Judicial and Prosecutorial Elections to the Availability of Sentencing Data in the United States
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Federal Sentencing Reporter (2021) 33 (4): 240–243.
Published: 01 April 2021
... and political pressure that affect the elections of judges and prosecutors. However, research has found that lower independence and higher accountability through elections does not necessarily come to bear as expected due to unique characteristics of judicial and prosecutorial elections. Given the potential...
View articletitled, The Relationship of Judicial and <span class="search-highlight">Prosecutorial</span> Elections to the Availability of Sentencing Data in the United States
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Journal Article
Prosecutorial Discretion and Racial Disparities in Federal Sentencing: Some Views of Former U.S. Attorneys
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Federal Sentencing Reporter (2007) 19 (3): 192–201.
Published: 01 February 2007
...Lynn D. Lu © The Ohio State University Prosecutorial Discretion and Racial Disparities in Federal Sentencing: Some Views of Former U.S. Attorneys LYNN D. LU Katz Fellow & Counsel, Brennan Center for Justice at NYU School of Law* The federal criminal sentencing system is notorious both for its...
View articletitled, <span class="search-highlight">Prosecutorial</span> Discretion and Racial Disparities in Federal Sentencing: Some Views of Former U.S. Attorneys
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Journal Article
Taking Stock of Changing Prosecutorial Policies
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Federal Sentencing Reporter (2017) 30 (1): 1–2.
Published: 01 October 2017
...Douglas A. Berman; Steven L. Chanenson © The Ohio State University EDITORS OBSERVATIONS Taking Stock of Changing Prosecutorial Policies DOUGLAS A. BERMAN & STEVEN L. CHANENSON FSR Editors Elections have consequences is a phrase politicians and political scientists often incant when...
Journal Article
After Trump: Restoring Legitimacy to the Pardon Power
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Federal Sentencing Reporter (2021) 33 (5): 285–292.
Published: 01 June 2021
... agenda, to a renewed commitment to the historically close relationship between pardon and the justice system, and even to a transformation of the Justice Department’s unforgiving prosecutorial culture. © The Ohio State University Pardon power federal prosecutors president Justice Department...
Journal Article
Ending Mass Incarceration is a Moral Imperative
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Federal Sentencing Reporter (2014) 26 (4): 271–275.
Published: 01 April 2014
... to reverse the explosive growth of imprisonment over the last three decades, is by no means assured. Many of the factors that produced mass incarceration, including the structure of sentencing laws, prosecutorial attitudes, policing practices and court routines remains very much intact. This essay recommends...
Journal Article
Learning from European Punishment Practices—and from Similar American Practices, Now and In the Past
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Federal Sentencing Reporter (2014) 27 (1): 19–25.
Published: 01 October 2014
... much less use of custodial sentences by employing alternatives such as prosecutorial diversion, fines and day fines as the sole sanction, suspended custodial sentences, and community service or training orders imposed as conditions of probation. These European practices should not be dismissed...
Journal Article
Is Now the Time for Major Federal Sentencing Reform?
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Federal Sentencing Reporter (2012) 24 (5): 382–386.
Published: 01 June 2012
... in prosecutorial–not judicial–practices, to which sentencing judges may appropriately respond. The Commission also heard testimony advocating other legislative changes that would preserve judicial flexibility but lower severity levels, simplify the system, enhance the reliability of fact-finding, and insulate...
Journal Article
State Prosecutors at the Center of Mass Imprisonment and Criminal Justice Reform
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Federal Sentencing Reporter (2020) 32 (4): 187–194.
Published: 01 April 2020
.... jurisdictions, including Chicago, Brooklyn, Boston, Philadelphia, and San Francisco. They have instituted a host of often dramatic changes. To date, smaller jurisdictions and less urban areas of the country have been little impacted by this prosecutorially driven move toward criminal justice reform. This Issue...
Journal Article
Using Sentencing to Clean Up Criminal Procedure: Incorporating Remedial Sentence Reduction into Federal Sentencing Law
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Federal Sentencing Reporter (2008) 21 (1): 29–36.
Published: 01 October 2008
... effect on prosecutorial misconduct, to provide an incentive to defendants to raise misconduct claims, and to serve, as the Supreme Court had urged in Santobello v. New York, the interests of justice and appropriate recognition of the duties of the prosecution4 The remedy adopted in the Dicus decision...
Journal Article
Review of DOJ-Commissioned Report: Racial Disparity in Post- Booker Sentencing
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Federal Sentencing Reporter (2016) 28 (3): 196–200.
Published: 01 February 2016
... sentencing. Policymakers interested in redressing racial disparity today should pay much closer attention to mandatory minimums and their effects on prosecutorial and judicial decisions4 BJS and Abt return to the eld. In this context of innovation and greater scrutiny, the Racial Disparities Working Group...
Journal Article
Some Thoughts on Sentencing Post- Booker
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Federal Sentencing Reporter (2005) 17 (5): 295–298.
Published: 01 June 2005
..., while restraining that discretion within the Guideline framework. Third, prosecutorial influence over sentencing outcomes, which the Guideline system in real-world practice had greatly enhanced,7 remains substantial. Booker leaves unaffected the role in our criminal process of plea bargaining, including...
Journal Article
Some Thoughts on Sentencing Post-Booker
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Federal Sentencing Reporter (2017) 29 (4): 213–216.
Published: 01 April 2017
... the Guideline framework. Third, prosecutorial in uence over sentencing outcomes, which the Guideline system in real-world practice had greatly enhanced,7 remains substantial. Booker leaves unaffected the role in our criminal process of plea bargaining, including most particularly charge and sentence bargaining...
Journal Article
Two Worlds
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Federal Sentencing Reporter (2011) 23 (5): 311–312.
Published: 01 June 2011
... and difficult job, which virtually all approach seriously and honorably. However, even prosecutors may not fully understand their own impact on sentencing, in part because of a dearth of data and analysis. Prosecutorial data can help in the evaluation of prosecutorand investigator-based decisions and perhaps...
Journal Article
Federal Prosecutors and the Clemency Power
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Federal Sentencing Reporter (2001) 13 (3-4): 168–176.
Published: 01 January 2001
... an offender and then release him by commuting his sentence? Ó1 So commented a long-time federal narcotics prosecutor about the appropriateness of the January 2001 Clinton pardons of a dozen or more non-violent drug offenders. Contrary to this stereotypical prosecutorial reaction, there are sound reasons...
Journal Article
Seeking Racial Justice Through Data in 2021 and Beyond
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Federal Sentencing Reporter (2021) 33 (4): 269–271.
Published: 01 April 2021
... not measure. © The Ohio State University data transparency prosecution criminal justice criminal justice reform racial justice equal justice Prosecutorial Performance Indicators Seeking Racial Justice Through Data in 2021 and Beyond The year 2020 was one of the most tumultuous in recent...
Journal Article
Criminal Dockets, Sentencing, and the Changing Role of Federal Prosecutors
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Federal Sentencing Reporter (2018) 30 (3): 177–185.
Published: 01 February 2018
... cases in federal court, almost always obtaining a conviction, almost always after the defendant pleads guilty. This was true ve years ago, fteen years ago, and 50 years ago. The scale of activity has waxed and waned, prosecutorial priorities emphasizing one crime over another have uctuated...
Journal Article
Reflections
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Federal Sentencing Reporter (2017) 29 (4): 184–185.
Published: 01 April 2017
... a periodic review of the inordinate length of time given offenders who were subject to many years of custody. Lastly, I expressed concern over the extent to which prosecutorial discretion was displacing judicial discretion in determining a fair sentence. On re ection, I can see where some of my concerns...
Journal Article
Looking in the Mirror: The Prosecutor’s Role in Ending Mass Incarceration
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Federal Sentencing Reporter (2018) 30 (3): 197–201.
Published: 01 February 2018
... be dif cult to imagine federal prosecutors as leaders in the criminal justice reform movement. Nonetheless, it is worth thinking now about ways that attorneys at Main Justice and the U.S. Attorneys Of ces could participate in prosecutorial reform and perhaps even take up the vanguard one day. This essay...
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