Search Results for mandatory minimum sentences

...Michael Lawlor Reforming Mandatory Minimum Sentences in Connecticut R E P. MICHAEL LAWLOR Chairman, House Judiciary Committee, Connecticut State Legislature; Assistant Professor of Criminal Justice, University of New Haven. ConnecticutÕs recent success in eliminating strict minimum mandatory...

...United States General Accounting Office © The Ohio State University Federal Drug Offenses: Departures from Sentencing Guidelines and Mandatory Minimum Sentences, Fiscal Years 1999 2001 October 24, 2003 Editor s Note: Before the Feeney Amendment was passed or even proposed, Representatives F...

...Eric Holder © The Ohio State University Memorandum on Charging Mandatory Minimum Sentences and Recidivist Enhancements in Certain Drug Cases ATTORNEY GENERAL ERIC HOLDER U.S. Attorney General, U.S. Justice Department Federal Sentencing Reporter, Vol. 26, No. 2, pp. 80 82, ISSN 1053-9867...

...Attorney General Eric H. Holder, Jr. © The Ohio State University Department Policy on Charging Mandatory Minimum Sentences and Recidivist Enhancements in Certain Drug Cases ATTORNEY GENERAL ERIC H. HOLDER, JR. Federal Sentencing Reporter, Vol. 30, No. 1, pp. 12 14, ISSN 1053-9867, electronic...

...Lynn Adelman; Jon Deitrich Abstract Freshly stocked with members, the Sentencing Commission has the opportunity to push federal sentencing in the right direction. The Commission should press Congress to abolish mandatory minimum sentencing laws. Such provisions prevent judges from imposing...

...Michael S. Nachmanoff; Amy Baron-Evans © The Ohio State University Booker Five Years Out: Mandatory Minimum Sentences and Department of Justice Charging Policies Continue to Distort the Federal Sentencing Process Michael S. Nachmanoff Federal Public Defender, Eastern District of Virginia Amy...

...Charles J. Ogletree © The Ohio State University Testimony of Charles Ogletree: Discriminatory Impact of Mandatory Minimum Sentences in the United States Written testimony submitted by the American Civil Liberties Union (ACLU), the Charles Hamilton Houston Institute for Race and Justice...

...Frank O. Bowman, III © The Ohio State University Observations on the Mandatory Minimum Sentencing Provisions of S. 2123, the Sentencing Reform and Corrections Act of 2015 FRANK O. BOWMAN, III Floyd R. Gibson Missouri Endowed Professor of Law, University of Missouri School of Law Note...

...Robert S. Mueller, III © The Ohio State University Mandatory Minimum Sentencing Originally published in Vol. 4, No. 4 (1992) of Federal Sentencing Reporter ROBERT S. MUELLER, III Assistant Attorney General, Criminal Division, Department of Justice In August 1991 the United States Sentencing...

...Paul G. Cassell; Erik Luna © The Ohio State University Sense and Sensibility in Mandatory Minimum Sentencing I. Introduction Criticisms of mandatory prison sentences in the federal system have become well known and are increasingly accepted. These mandatory minimums are said to deprive judges...

...Robert Gay Guthrie © The Ohio State University NAAUSA Letter to Senate Judiciary Committee Regarding Mandatory Minimum Sentencing ROBERT GAY GUTHRIE President, National Association of Assistant United States Attorneys January 31, 2014 Federal Sentencing Reporter, Vol. 26, No. 4, pp. 233 237...

...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...

...Paul J. Hofer © The Ohio State University Review of the U.S. Sentencing Commission s Report to Congress: Mandatory Minimum Penalties in the Federal Criminal Justice System The U.S. Sentencing Commission has the resources to identify smarter sentencing policies policies that could save money...

...John G. Malcolm Abstract Beginning in the 1980’s, Congress passed a series of “tough on crime” mandatory minimum sentences. While increased periods of incarceration contributed to reduced crime rates, the pendulum has swung too far. Mandatory minimum sentences designed for “kingpins” are often...

... of otherwise-applicable mandatory minimum sentences, particularly in the wake of the Supreme Court’s decision in Alleyne v. United States and the Attorney General’s directive to federal prosecutors to structure indictments to avoid mandatory minimums for certain low-level, non-violent drug offenders. Fairness...

... or she will likely do in the future and pay less attention to such factors as drug type and drug weight. Sometimes, a mandatory minimum sentence will apply and prevent a judge from imposing a fair sentence, but that is outside the judge’s control. Fortunately, because of Booker and its progeny...

... remain in place, complex as ever. Judges must utilize the guidelines to calculate the applicable sentencing range but may then freely stray from that range through the use of departures or variances. The guidelines coexist with mandatory minimum sentencing laws that are decidedly not advisory...

... and, in a section on congressional directives, reports on mandatory minimum sentencing statutes and outlines guideline amendments to address congressional directives. The letter also outlines other guideline issues—including the categorical approach to reviewing predicate offenses and child exploitation crimes...

...William G. Otis Abstract Our present system of mandatory minimum sentences has contributed significantly to the large reduction in crime — fifty percent — that we have seen in the last generation. It is justified, not simply by the enormous benefits it has helped bring about, but by the fact...

... with being soft on crime, the kiss of death for politicians lining up to pass harsher laws with longer and mandatory minimum sentences. Presidents began to exercise their pardon power almost exclusively at the end of their terms to avoid any political cost. The reluctance to grant clemency, the soaring...