Search Results for guidelines

...Stephen R. Sady Retroactive amendments to the federal sentencing guidelines, such as Amendment 821 to the calculation of criminal history, confer discretion on judges to reduce sentences when the Sentencing Commission determines that a guideline is overly harsh. The statute on retroactive...

...Richard S. Frase © The Ohio State University GUEST EDITOR S OBSERVATIONS Recurring Policy Issues of Guidelines (and non-Guidelines) Sentencing: Risk Assessments, Criminal History Enhancements, and the Enforcement of Release Conditions RICHARD S. FRASE Benjamin N. Berger Professor of Criminal...

... hearing and inviting us to testify today regarding the impact of the U.S. Supreme Court’s decision in Blakely v. Washington on the current and future operation of the federal sentencing guidelines. The Blakely decision represents potentially the most significant case affecting the federal guidelines...

...Charles B. Kornmann Injustices: Applying theSentencing Guidelines and Other Federal Mandates in IndianCountry Ask virtuallyanyUnited StatesDistrict Judgepresiding over cases from IndianCountrywhether theFederal SentencingGuidelines are fairtoNative Americans; ask virtuallyany appellate...

...Lara S. Vinnard Foreign Convictions, Prisoner Transfer Treaties, and the Federal Sentencing Guidelines I. Introduction American citizens convictedof crimes incertainforeign countriesmay elect to serve theirsentence in the United States rather than remain incarcerated abroad. Such persons...

...José A. Cabranes The U.S. Sentencing Guidelines: Where Do We Go FromHere? The question beforeus todayisnotwhether thefederal systemofguidelines sentencing isbetterorworse than the systemofunguided discretion thatitreplaced.There JOS? A. CABRANES iswell-nigh universal agreement that the general out...

...Richard Smith-Monahan Unfinished Business: The Changes Necessary toMake Guidelines Sentencing Fair Given theenormous emphasis placed on fact-finding by thepresent sentencingguideline structure,it is ironicthatfewprocedural protectionsare inplace to insure that fact-finding is accurate...

...Frank O. Bowman, III EDITOR'S OBSERVATIONS Completing the Sentencing Revolution: Reconsidering Sentencing Procedure in the Guidelines FRANK 0. BOWMAN, III Associate Professor of Law, Indiana University School of Law, Indianapolis Era The central innovationof theguidelines sentencing revolutionhas...

... under the Guide lines.But theCourt declined toresolvethatissue as those circumstances were not presented.3 Thus, the Court left open at least twomain questions: (i) Should a higher standardofproofgoverndramatic increasesunder the Guidelines? and (2) Ifso,what constitutesa dramatic increasetriggeringa...

...Steven D. Clymer Assessing Proposals forMandatory Procedural Protections forSentencings Under the Guidelines A. Introduction The federalsentencingguidelineshave receivedsus STEVEN D, tained criticism from scholars, judges, and practitioners. Critics claim thattheguidelinesunwisely shiftsentenc...

...Jon O. Newman © The Ohio State University Toward Guidelines Simplification JON 0. NEWMAN Jon 0. Newman is a Senior Judge of the United States Court of Appeals for the Second Circuit The Sentencing Commission's [October2000] sympo sium on economic crimes provided a useful occasion...

...Douglas A. Berman © The Ohio State University Exploring the Theory, Policy, and Practice of Fixing Broken Sentencing Guidelines I. A Basic Theory of Broken Sentencing Guidelines DOUGLAS BERMAN A. Some Sentencing Guidelines are broken. To be more complete and to borrow liberally from the Bard...

...Office of the State’s Attorney for Baltimore City © The Ohio State University State s Attorney Mosby Urges Governor to Take Action on Courts, Prisons, and Jails: New Decarceral Guidelines Announced in Light of COVID-19 Spread OFFICE OF THE STATE S ATTORNEY FOR BALTIMORE CITY Baltimore, MD...

... © The Ohio State University U.S. Sentencing Commission Requests for Comment on Drug Sentencing Guidelines, January 2002 EditorÕs Note: In January 2002, the Sente ncing Commis sion announce d its inte ntion to begin a longterm reassessment of a variety of is sues relating to fe deral drug...

... © The Ohio State University 2002 Amendments to Federal Drug Sentencing Guidelines EditorÕs Note: The result of the de bate reßected in the preceding pages was the following set of guideline amendments passed by the U.S. Sentencing Commis sion on May 1, 2002. In the end, the Commis sion...

...Jon O. Newman © The Ohio State University Remembering Marvin Frankel: Sentencing Reform But Not These Guidelines The death of former Judge Marvin E. Frankel on March 3 of this year is an occasion to celebrate his enormous contribution to the reform of sentencing law and to correct...

...William R. Maynard © The Ohio State University ª Human Traf® ckingº Under the Sentencing Guidelines WILLIAM R. M AY N A R D Assistant Federal Public Defender, District of Arizona The Victims of TrafÞcking and Violence Protection Act of 2000 (hereinafter the ÒActÓ) (1) increased the sentences...

... © The Ohio State University Second Circuit Judicial Conference, Judging Under the Guidelines June 7, 2002 Editor© s Note: Courtesy of Judg e Jon O. Newman, we reprint be low a transcript from a program during the Second Circuit Judicial Confe rence held in June 2002, which brought together...

...Nora V. Demleitner © The Ohio State University EDITOR S OBSERVATIONS Fifteen Years of Federal Guidelines Reviewed at the Yale Conference: What Would Success Mean? NORA V. DEMLEITNER Professor, Hofstra University School of Law This Issue consists largely of FSRÕs Þrst publication...

...Kate Stith; Michael E. O'Neill © The Ohio State University Federal Sentencing Guidelines Symposium Yale Law School, November 8, 2002 Opening Remarks Kate Stith is Lafayette S. Foster Professor of Law at Yale Law School. Michael E. O Neill is a Member of the United States Sentencing Commission...