Search Results for judicial discretion

... 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. Pandemic Compassionate Release...

...Alexander Bunin Reducing Sentencing Disparity by Increasing Judicial Discretion During twenty-three years of practice in the federal courts in Texas, Alabama, New York, and Vermont, I have come to two conclusions. First, a prosecutor s decision to charge a defendant in federal court, and what...

...Judge Nancy Gertner © The Ohio State University Judicial Discretion in Federal Sentencing Real or Imagined? Discussions of judicial discretion in federal sentencing in 2016 invariably lead to three claims that in my view are wildly overstated, and even wrong. First is the claim that since...

...Jelani Jefferson Exum © The Ohio State University A Commentary on Judicial Discretion, Mandatory Minimums, and Sentencing Reform Now that we have seen a decade since the Supreme Court decided United States v. Booker,1 it is fair to ask just what impact Booker has really had on federal...

...Daniel J. Freed; Marc Miller © The Ohio State University Editors Observations Handcuf ng the Sentencing Judge: Are offender characteristics becoming irrelevant? Are Congressionally mandated sentences displacing judicial discretion? Originally published in Vol. 2, No. 6 (1989 90) of Federal...

... and excessive 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...

..., explores the various proposals the Commission has presented for comment, and presents the choices through the lens of one incarcerated person’s experience. © The Ohio State University Compassionate release Judicial discretion Guideline amendment Extraordinary and compelling First Step Act...

... © The Ohio State University Symposium Judicial Discretion: A Look Forward and a Look Back Five Years After Booker Panelists: Paul G. Cassell, Ronald N. Boyce Presidential Professor of Criminal Law at the S.J. Quinney College of Law of the University of Utah; William K. Sessions III, Chief...

...Paul J. Hofer © The Ohio State University The Commission Defends an Ailing Hypothesis: Does Judicial Discretion Increase Demographic Disparity? I. Introduction In Part E of its Booker Report,1 the U. S. Sentencing Commission presents the latest of its repeated analyses of Demographic...

...Carissa Byrne Hessick Abstract In his widely influential book, Criminal Sentences: Law without Order , Marvin Frankel offered a blistering critique of judge-led sentencing, arguing that judicial sentencing discretion runs afoul of the famed principle of legality. In particular, Frankel claimed...

... is working reasonably well. This essay argues that the Commission's data do not show a level of variance that should be regarded as troubling and provide no justification for legislative changes to reduce judicial discretion. The data do show an increase in below-guideline sentences and significant variation...

... and state judges shared their experiences in establishing new alternative to incarceration programs within their courts, exercising judicial discretion, and incorporating compassion and humanity in sentencing. Prosecutors discussed their own experiences of pursuing alternatives to incarceration...

... at judicial discretion and under a broad statutory scheme of criminal punishment for victim restitution and government revenue generation. State jurisprudence of taxes and user charges offers clarity to how LFOs can be more equitably and efficiently organized and imposed by courts across Washington...

...Lynn Adelman Abstract In my article about Marvin Frankel’s contribution to federal sentencing, I argue that the sentencing model that Frankel favored, one based on detailed rules of general application and greatly reduced judicial discretion, is highly flawed and will almost always result...

... pornography cases, the two areas in which Congress and the U.S. Sentencing Commission have most limited judicial discretion in sentencing. It shows that despite those limits, Judge Weinstein sought always to impose individualized sentences based on the actual person before him. He believed every person...

... discretion racial fairness Anticipating the Judicial Response to Ohio s Proposed Statewide Sentencing Database SCOTT A. ANDERSON* Clinical Professor of Law, Capital University Law School I. Introduction In her recent State of the Judiciary Address,1 Ohio Supreme Court Chief Justice Maureen O Connor...

... they previously deplored. This precipitous reversal at least makes institutional sense in the case of judicial guidelines critics. For many judges, the main problem with the guidelines, particularly after the 2003 PROTECT Act, was their tight constraint of judicial sentencing discretion. Now, although some judges...

... system and, therefore, our society. © The Ohio State University Ohio sentencing data trial court Ohio Criminal Sentencing Commission justice statewide criminal sentencing database judiciary judicial discretion Here Come the Judges: A Judicial Response to Anticipated Concerns over...

... sentencing reforms while dealing with the political reality of needing to respond quickly to public concerns. The second struggle involves balancing judicial discretion with the need to address both prison populations and public safety. Finally, the third involves the dif culty of using state-level reforms...

...; as a result, about half of U.S. guideline systems use only advisory rules, with limited if any substantive appellate review. But evidence is scant that nonbinding rules actually constrain judges and limit disparity in any meaningful sense.44 Moreover, any real loss of case-level judicial discretion, under...