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Search Results for racial fairness
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Journal Article
Anticipating the Judicial Response to Ohio’s Proposed Statewide Sentencing Database
Available to Purchase
Federal Sentencing Reporter (2021) 33 (4): 244–246.
Published: 01 April 2021
...-century ago, then Chief Justice Thomas Moyer set up a Commission on Racial Fairness charged with designing and implementing a comprehensive statewide sentencing database. But, to date, Ohio has not implemented one. “The main excuse,” the current Chief Justice related, is that “it’s difficult to do.” What...
Journal Article
The Importance of a Racially Diverse Sentencing Commission
Available to Purchase
Federal Sentencing Reporter (2022) 34 (4): 218–220.
Published: 01 April 2022
... disproportionately comprised of white members does not provide the appearance of fairness and will not inspire con dence in the constituents predominantly affected by its recommendations. Thus, a truly fair sentencing regime requires meaningful racial and ethnic diversity among the decision-makers on the Commission...
Journal Article
Building a Fair and Just Federal Community Supervision System: Lessons Learned from State and Local Reform Efforts
Available to Purchase
Federal Sentencing Reporter (2022) 34 (5): 340–349.
Published: 01 June 2022
... for technical violations; addressing racial disparities; identifying opportunities for early termination from supervision; and considering reinstatement of parole. Building a Fair and Just Federal Community Supervision System: Lessons Learned from State and Local Reform Efforts MIRIAM KRINSKY Fair and Just...
View articletitled, Building a <span class="search-highlight">Fair</span> and Just Federal Community Supervision System: Lessons Learned from State and Local Reform Efforts
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Journal Article
Sentencing Drug Offenders Justly While Reducing Mass Incarceration
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Federal Sentencing Reporter (2021) 34 (1): 2–11.
Published: 01 October 2021
... not deter unlawful drug activity and has an adverse racial impact. Thus, if a judge can reasonably avoid imposing a prison sentence, he or she should do so. Fortunately, this is the judge’s duty under the law. 18 U.S.C. §3553(a) requires a judge to impose a sentence that is “sufficient but not greater than...
Journal Article
Advice for a New Sentencing Commission: Stronger Advocacy for Abolishing Mandatory Minimum Sentences
Available to Purchase
Federal Sentencing Reporter (2022) 35 (1): 9–11.
Published: 01 October 2022
... individualized sentences, transfer authority from neutral judges to partisan prosecutors, and generate racial and economic disparities, with no particular crime control benefits. While bipartisan support for sentencing reform appears to be growing, “law enforcement lobby” (comprised of prosecutors, prison guards...
Journal Article
Letter from Professor David C. Baldus to Senator Russell D. Feingold, Committee on the Judiciary, U.S. Senate, regarding DOJ report on the Federal Death Penalty System
Available to Purchase
Federal Sentencing Reporter (2001) 14 (1): 49–51.
Published: 01 July 2001
... the results of such a study would yield far more deÞnitive answers to the issue of racial fairness in the system than the arguments presented in the departmentÕs latest report. The new report offers no reason at all why such a study should not be conducted even if it would require up to two years to complete...
View articletitled, Letter from Professor David C. Baldus to Senator Russell D. Feingold, Committee on the Judiciary, U.S. Senate, regarding DOJ report on the Federal Death Penalty System
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Journal Article
Statement of Wade Henderson: Drug Sentencing Practices and Issues
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Federal Sentencing Reporter (2006) 18 (4): 289–290.
Published: 01 April 2006
...-violent minority offenders. Repeal of these laws would be a significant step toward restoring racial fairness in the criminal justice system. 290 F E D E R A L S E N T E N C I N G R E P O R T E R V O L . 1 8 , N O . 4 A P R I L 2 0 0 6 ...
Journal Article
The Ohio Data Story in Three Part: The Setup, the Confrontation, and the Resolution
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Federal Sentencing Reporter (2021) 33 (4): 237–239.
Published: 01 April 2021
.... The nearly three-decades-long sentencing data de cit must be addressed just as demonstrated by the still unrealized recommendations on data collection from the 1999 Report of the Ohio Commission on Racial Fairness.3 Sentencing data provide opportunities for robust research, including the ability to parse...
Journal Article
The Commission Defends an Ailing Hypothesis: Does Judicial Discretion Increase Demographic Disparity?
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Federal Sentencing Reporter (2013) 25 (5): 311–322.
Published: 01 June 2013
... Id. at 1. 48 Jeffery T. Ulmer, Michael T. Light, & John H. Kramer, Racial Disparity in the Wake of the Booker/Fanfan Decision: An Alternative Analysis to the USSC s 2010 Report, 10 Criminology & Pub. Pol y 1077 (2011); Sentencing Resource Counsel Project, Fact Sheet: Racial Fairness in the Advisory...
Journal Article
Public Attitudes Toward Punishment, Rehabilitation, and Reform: Lessons from the Marquette Law School Poll
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Federal Sentencing Reporter (2016) 29 (1): 47–51.
Published: 01 October 2016
..., but they do not seem absolutely in exible. We also observed signi cant partisan differences in evaluations of the system s performance. Most notably, Democrats were much more skeptical of the system s fairness than Republicans. Partisan differences in this area tracked the racial differences discussed above...
Journal Article
Testimony of Gay McDougall
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Federal Sentencing Reporter (2006) 18 (4): 287–288.
Published: 01 April 2006
... is based on my previous service as a member of the United Nations Committee on the Elimination of Racial Discrimination, or CERD, from 1997 to 2001. In that capacity, I participated in the CERD s review of various States party reports, and we did address the issue of mandatory sentencing. From...
Journal Article
Seeking Racial Justice Through Data in 2021 and Beyond
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Federal Sentencing Reporter (2021) 33 (4): 269–271.
Published: 01 April 2021
... do not fully re ect a community s health and well-being. It does not tell us, for example, about community trust in the system, whether or not there is robust support for survivors, or if outcomes are fair across racial and ethnic groups. It is time to look for a new way to measure success. In 2017...
Journal Article
Testimony of Charles Ogletree: Discriminatory Impact of Mandatory Minimum Sentences in the United States
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Federal Sentencing Reporter (2006) 18 (4): 273–278.
Published: 01 April 2006
... rights found in the American Declaration specifically, the right to equal protection of the law, the right to a fair trial, and the right to due process. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), further elaborates on the provisions of the American...
Journal Article
Prosecutorial Discretion and Racial Disparities in Federal Sentencing: Some Views of Former U.S. Attorneys
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Federal Sentencing Reporter (2007) 19 (3): 192–201.
Published: 01 February 2007
... in individual USAOs as a means of mitigating racial disparities in the federal criminal justice system. Perhaps over time, greater experience with the fair exercise of federal prosecutorial discretion will bolster public confidence in a federal law enforcement system that is both effective and just. Notes...
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Journal Article
How Long Is Too Long? Task Force on Long Sentences Final Report
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Federal Sentencing Reporter (2023) 36 (1-2): 6–37.
Published: 01 October 2023
... to the offender, and other factors Recommendation 5: Identify and Alleviate Unwarranted Racial Disparities in Sentencing The legitimacy of the criminal justice system depends on the trust people have in its fundamental fairness. Research shows that this sense of trust can be even more important to perspectives...
Journal Article
The Attorney General's Sentencing and Corrections Working Group: A Progress Report
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Federal Sentencing Reporter (2010) 23 (2): 110–114.
Published: 01 December 2010
... of unfairness in our criminal justice system, and the Act is a significant step toward achieving fairness in sentencing. B. Other Racial and Ethnic Disparities The imperative to eliminate unwarranted racial and ethnic disparities did not end with the enactment of the Fair Sentencing Act. We at the Department...
Journal Article
The Federal Death Penalty System: Supplementary Data, Analysis and Revised Protocols for Capital Case Review
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Federal Sentencing Reporter (2001) 14 (1): 40–48.
Published: 01 July 2001
... penalty procedures has produced no evidence of bias against racial or ethnic minorities, it has suggested that changes could be made to promote public conÞdence in the processÕs fairness and to improve its efÞciency. For example, as noted above, consideration of the broader universe of potential capital...
Journal Article
Booker Is the Fix
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Federal Sentencing Reporter (2024) 36 (5): 254–257.
Published: 01 June 2024
... in administering criminal justice are in a better position to determine fair and just sentences than the judges who hear all of the facts and circumstances from all sides. This de es common sense. The guidelines themselves developed in a one-way upward ratchet increasingly divorced from considerations of sound...
Journal Article
Booker Is the Fix
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Federal Sentencing Reporter (2012) 24 (5): 340–343.
Published: 01 June 2012
... position to determine fair and just sentences than the judges who hear all of the facts and circumstances from all sides. This defies common sense. The guidelines themselves developed in a one-way upward ratchet increasingly divorced from considerations of sound public policy and even from the commonsense...
Journal Article
Learning from the Federal Death Penalty
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Federal Sentencing Reporter (2001) 14 (1): 3–6.
Published: 01 July 2001
.... Even more basic to sentencing fairness is the principle that racial considerations ought to play no part in any sentencing decision. Nevertheless, it is easier to pledge allegiance to that notion in the abstract than to implement it in particular cases, as the Sentencing Commission discovered when...
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