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Journal Article
Reducing the Federal Prison Population: The Role of Pretrial Community Supervision
Available to Purchase
Federal Sentencing Reporter (2022) 34 (5): 327–333.
Published: 01 June 2022
...Christine S. Scott-Hayward; Connie Ireland Abstract Decades of research on the impact of pretrial detention demonstrates that pretrial detention has consistent negative impacts on case outcomes. In particular, in the federal system, detained defendants are more likely to be sentenced to prison...
Journal Article
Facilitating Pretrial Justice in New Orleans
Available to Purchase
Federal Sentencing Reporter (2011) 24 (1): 13–14.
Published: 01 October 2011
...Jon Wool Abstract New Orleans in 2011 finds itself facing many of the same problems New York City faced in 1961 when the founders of the Vera Institute of Justice launched the Manhattan Bail Project: Too many people are held in pretrial detention who could be released without risk to public safety...
Journal Article
Recidivism in Alternatives to Incarceration Programs across Thirteen Federal Districts
Available to Purchase
Federal Sentencing Reporter (2024) 36 (3): 141–150.
Published: 01 February 2024
... criminal behavior one, two, and three years after defendants’ exit from the program. The results highlight the potential effectiveness of ATI programs in reducing both pretrial detention and post-sentence incarceration without expense to community safety. We emphasize the need for further research...
Journal Article
Innovations in Public Defense as an Investment in Better Sentencing
Available to Purchase
Federal Sentencing Reporter (2011) 24 (1): 21–22.
Published: 01 October 2011
...Christopher Stone Abstract The Neighborhood Defender Service of Harlem (NDS) opened its doors in 1990, hoping to demonstrate the benefits of a community-based, team-based public defender that began representation from the moment of arrest, or even earlier. Although pretrial detention time...
Journal Article
Pretrial Risk Assessment: Improving Public Safety and Fairness in Pretrial Decision Making
Available to Purchase
Federal Sentencing Reporter (2015) 27 (4): 216–221.
Published: 01 April 2015
.../detention decision has been an important focus of policy makers and researchers for some time.3 Pretrial decisions have two overarching purposes: to prevent any new criminal activity by the defendant before case resolution, and to ensure a defendant s appearance in court. When these decisions are made...
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Journal Article
A Plea for Reviving the Right to a Jury Trial and a Remedy for Assembly-Line Justice
Available to Purchase
Federal Sentencing Reporter (2019) 31 (4-5): 272–278.
Published: 01 April 2019
... use of pretrial detention. Those detained pretrial face a far greater likelihood of ultimately being found guilty, sentenced to prison, and given a longer sentence. According to a Princeton University study, a defendant detained ahead of their trial date is 15.6 percent more likely to be found guilty...
Journal Article
Why Pretrial Release Really Matters
Available to Purchase
Federal Sentencing Reporter (2017) 29 (4): 217–220.
Published: 01 April 2017
... the community, pretrial detention withholds this opportunity and its bene ts. The Federal Bail Reform Act, as well as Pretrial Services Agencies and Of cers, provide the framework and structure that enable federal Magistrate Judges and District Judges to make those bene ts possible. As a starting point, release...
Journal Article
The Hidden Practice of Utilizing Bonds to Cover Legal Financial Obligations
Available to Purchase
Federal Sentencing Reporter (2022) 34 (2-3): 119–127.
Published: 01 February 2022
... A. Pretrial Detention and Private Bail Bonds Considerable scholarly work has demonstrated the harmful effects of pretrial decision-making. Individuals subject to pretrial detention are more likely to plead guilty,2 have a greater likelihood of conviction,3 face longer sentence lengths,4 are at an increased...
Journal Article
ABA Criminal Justice Resolution (August 2002)
Available to Purchase
Federal Sentencing Reporter (2002) 15 (1): 53–57.
Published: 01 October 2002
... review of their pretrial detention, sentencing and correctional systems, to identify modiÞcations that can be made in those systems to improve their cost-effectiveness, in conformance with public safety needs and constitutional requirements; and FURTHER RESOLVED, That the American Bar Association urges...
Journal Article
Justice Reinvestment: Extending the Framework to Non-Justice Efforts
Available to Purchase
Federal Sentencing Reporter (2016) 29 (1): 52–57.
Published: 01 October 2016
... on efforts to reduce admissions to prison for new convictions or re-entry, including the reduction of unnecessary arrests, to eliminate unnecessary pretrial detention, to reclassify drug and other crimes, to eliminate mandatory minimums, to eliminate revocations to prison, and to require racial impact...
Journal Article
Normality behind the Walls: Examples from Halden Prison
Available to Purchase
Federal Sentencing Reporter (2018) 31 (1): 58–66.
Published: 01 October 2018
... responsible for the execution of all criminal sentences and pretrial detentions in Norway. Its rst decade was characterized by multiple challenges. For example, a major recidivism study conducted by Statistics Norway, in which sentenced offenders were followed for ve years after their sentence ended, showed...
Journal Article
Jury Empowerment as an Antidote to Coercive Plea Bargaining
Available to Purchase
Federal Sentencing Reporter (2019) 31 (4-5): 284–298.
Published: 01 April 2019
...) to offer a defendant. A. Pretrial Detention Pretrial detention is a powerful lever of coercive plea bargaining for the simple reason that someone who is locked up pending trial is likely to be fairly miserable and will have substantial dif culty assisting in his defense.19 Among other things, it is far...
Journal Article
Bargained Justice: The History and Psychology of Plea Bargaining and the Trial Penalty
Available to Purchase
Federal Sentencing Reporter (2019) 31 (4-5): 239–247.
Published: 01 April 2019
..., increasing the right of defendants to exculpatory information prior to deciding whether to plead guilty, limiting 242 FEDERAL SENTENCING REPORTER VOL. 31, NO. 4-5 APRIL/JUNE 2019 the use of pretrial detention, increasing the evidence gathering and case development process by both the prosecution...
Journal Article
State Prosecutors at the Center of Mass Imprisonment and Criminal Justice Reform
Available to Purchase
Federal Sentencing Reporter (2020) 32 (4): 187–194.
Published: 01 April 2020
... in the hands of the prosecutor. The rst decision that correlates directly with case outcome is bail. If prosecutors argue for pretrial detention based on the defendant presenting either a ight risk or a danger to others, judges tend to follow that demand. In many cases, however, prosecutors request cash bail...
Journal Article
“There’s Something Happening Here”: On the Tentative Emergence of Federal Alternatives to Incarceration
Available to Purchase
Federal Sentencing Reporter (2022) 35 (1): 29–32.
Published: 01 October 2022
... to pretrial, pre-sentencing release en route to a potential ATI disposition.13 As former U.S. Chief Pretrial Supervision Of cer Chris Dozier rightly concludes, alternatives to detention go hand in hand with alternatives to incarceration, and pretrial release has a signi cant impact on sentencing and beyond...
Journal Article
Sentencing Then and Now: What Has Changed? What Remains the Same?
Available to Purchase
Federal Sentencing Reporter (2017) 29 (4): 179–181.
Published: 01 April 2017
..., both Judges Carr and Adelman have turned their attention to another, more currently pressing, sentencing issue. In his new essay written for this FSR issue, Judge Carr addresses his views on the over-reliance on pretrial detention and its relationship to the perpetuation of mass incarceration...
Journal Article
United States v. Myles Haynes (D. Mass. 2008)
Available to Purchase
Federal Sentencing Reporter (2008) 20 (4): 284–288.
Published: 01 April 2008
.... Nevertheless, despite his arrest, Haynes EMT training served him well when he used it to save the life of another inmate while in pretrial detention on these very charges. See Exh. E to Def. s Sentencing Mem. 3 (document # 77-6). At the time of sentencing, Haynes had already served approximately thirteen...
Journal Article
Supporting Responsive Federal Drug Sentencing Through Education in the Workshop on Science-Informed Decision Making
Available to Purchase
Federal Sentencing Reporter (2021) 34 (1): 12–22.
Published: 01 October 2021
... (if they are judges) and recommendations (if they are of cers) that are intentionally responsive to individual behavior at three key decision points in criminal cases: the initial pretrial release and detention decision; a hearing to review pretrial release conditions and determine whether a person is in violation...
Journal Article
Panel I: Disparity in Sentencing—Race and Gender
Available to Purchase
Federal Sentencing Reporter (2003) 15 (3): 160–164.
Published: 01 February 2003
... length would require reliable income information, which is not always available. Maria McBride,8 Paula Xinis,9 and Judge Paul Friedman10 all pointed out that under the Bail Reform Act of 1984,11 a defendantÕs wealth should not, and does not, impact pretrial detention. However, the Bail Reform Act creates...
Journal Article
Realignment in the Counties
Available to Purchase
Federal Sentencing Reporter (2013) 25 (4): 236–240.
Published: 01 April 2013
... levels. Jail expansion is not the only answer. B. Pretrial Detention and Bail Another emerging issue concerns efforts to address one of the major contributors to jail overcrowding in California. Throughout the state, 71 percent of jail beds are lled with pretrial detainees, who range from very low...
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