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... © The Ohio State University 08.FSR18.2_146-156.qxd 2/23/06 2:53 PM Page 146 Report on New Jersey s Drug Free Zone Crimes & Proposal for Reform NEW JERSEY COMMISSION TO REVIEW CRIMINAL SENTENCING December 2005 I. INTRODUCTION A. NEW JERSEY S SCHOOL ZONE LAW On April 23, 1987, former Governor...

...Douglas A. Berman; Steven L. Chanenson © The Ohio State University EDITORS OBSERVATIONS New Data and New Questions: TRAC s Contribution to Federal Sentencing DOUGLAS A. BERMAN Co-Managing Editor, Federal Sentencing Reporter Robert J. Watkins/Procter & Gamble Professor of Law, Moritz College...

...Michael M. O'Hear GUEST EDITOR S OBSERVATIONS The New Politics of Sentencing MICHAEL M. O HEAR Assistant Professor, Marquette University Law School With this Issue, the Fede ral Sentencing Reporter concludes its two-issue survey of recent sentencing reform developments at the state level...

...Paul G. Cassell; James R. Marsh © The Ohio State University The New Amy, Vicky, and Andy Act: A Positive Step Toward Full Restitution for Child Pornography Victims I. Introduction Providing restitution to victims of child pornography crimes has proven to be a challenge for courts across...

...J. Richard Couzens © The Ohio State University Realignment and Evidence-Based Practice: A New Era in Sentencing California Felonies I. The Catalyst for Change Prior to 2011, California s sentencing system was typical of those in other jurisdictions: misdemeanors were punished by con nement...

...Alan Vinegrad © The Ohio State University The New Federal Sentencing Guidelines: The Sentencing Commission s Response to the Feeney Amendment ALAN VINEGRAD Partner at Covington & Burling in New York and former United States Attorney for the Eastern District of New York. In April 2003, Congress...

...Sonja B. Starr © The Ohio State University The New Pro ling: Why Punishing Based on Poverty and Identity Is Unconstitutional and Wrong Let s begin with a thought experiment. Suppose a judge is sentencing two co-defendants, Jones and Smith, for a smallscale cocaine traf cking offense, having...

...Warren Young; Andrea King © The Ohio State University Sentencing Practice and Guidance in New Zealand Warren Young Deputy President, Law Commission* Andrea King Senior Adviser, Law Commission New Zealand s sentencing and parole system has in recent years been in a state of flux and uncertainty...

...Gregory J. O'Meara © The Ohio State University Compassion and the Public Interest: Wisconsin s New Compassionate Release Legislation Current sentencing and parole policies can be characterized by what John Pratt terms penal populism.1 This approach to criminal justice includes widespread...

...Stephen I. Vladeck © The Ohio State University Using the Supreme Court s Original Habeas Jurisdiction to Ma[k]e New Rules Retroactive Ever since the Supreme Court s 1989 decision in Teague v. Lane,1 state and federal prisoners alike have struggled to take advantage of new rules...

...Judith A. Greene; Vincent Schiraldi © The Ohio State University Better by Half: The New York City Story of Winning Large-Scale Decarceration while Improving Public Safety JUDITH A. GREENE* Director, Justice Strategies VINCENT SCHIRALDI Senior Research Fellow, Harvard Kennedy School, Program...

...Molly Gill © The Ohio State University What the New President Absolutely Must Not Do, If He Wants to Do Anything Else MOLLY GILL* Director of Federal Legislative Affairs, Families Against Mandatory Minimums President Donald Trump ran as the law and order candidate, promising to crack down...

...Eric Holder © The Ohio State University Speech Presented at Brennan Center for Justice, New York University Law School Thank you, Jim [Johnson], for those kind words; for your friendship over the many years we ve known one another since we served together in the Clinton Administration...

...Douglas A. Berman © The Ohio State University E D I T O R S O b ser v a tio n s Lots of Advice on Lots of Topics for the New (Post-Booker) U.S. Sentencing Commission Douglas A. Berman FSR Editor & Saxbe Designated Professor of Law, The Ohio State University Moritz College of Law Just before...

...Mark H. Allenbaugh © The Ohio State University Stop Wagging the Dog: A Plea for the New Commission to Incorporate Due Process and Higher Standards of Proof into the Sentencing Hearing In Williams v. New York,1 the Court held that there was no limitation on the type of information a judge may...

...J. Matthew Wright © The Ohio State University Urging Retroactivity for New Guidelines from the Sentencing Commission J. Matthew Wright Research and Writing Specialist, Office of the Federal Public Defender, Northern District of Texas I would advise the Commission to make two amendments...

...Hon. James L. Graham © The Ohio State University The Sixth Circuit Broke New Ground in Post-Booker Guideline Sentencing with a Pair of Important Decisions HON. JAMES L. GRAHAM* Senior United States District Judge, Southern District of Ohio In a pair of important decisions the Sixth Circuit...

...Michael M. O’Hear © The Ohio State University Two Cheers for the New Paradigm MICHAEL M. O HEAR Professor, Marquette University Law School Following decades in which the U.S. Department of Justice has consistently advocated for a rigid and harsh legalism in criminal justice policy in which...

...James Cole © The Ohio State University Remarks by Deputy Attorney General James Cole at the New York State Bar Association Annual Meeting DEPUTY ATTORNEY GENERAL JAMES COLE U.S. Deputy Attorney General, U.S. Justice Department January 30, 2014 Good afternoon. Thank you, Judge Dwyer...