Search Results for sentencing discretion

...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...

...Ryan S. King; Marc Mauer © The Ohio State University 07.FSR18.2_134-145.qxd 2/23/06 2:52 PM Page 134 Sentencing with Discretion: Crack Cocaine Sentencing After Booker RYAN S. KING AND MARC MAUER January 2006 514 10th Street NW, Suite 1000 Washington, DC 20004 Staff@Sentencing Project.org...

...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...

...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...

...Arie Freiberg © The Ohio State University Australia: Exercising Discretion in Sentencing Policy and Practice Arie Freiberg Dean, Faculty of Law, Monash University, Melbourne, Australia Chair, Victorian Sentencing Advisory Council I. Introduction The common law world of sentencing faces...

...Kevin R. Reitz © The Ohio State University Risk Discretion at Sentencing KEVIN R. REITZ James Annenberg La Vea Professor of Criminal Procedure and Co-Director, Robina Institute of Criminal Law and Criminal Justice, University of Minnesota Law School Kern Keynote delivered August 5, 2013...

...Lynn D. Lu © The Ohio State University Prosecutorial Discretion and Racial Disparities in Federal Sentencing: Some Views of Former U.S. Attorneys LYNN D. LU Katz Fellow & Counsel, Brennan Center for Justice at NYU School of Law* The federal criminal sentencing system is notorious both for its...

...Peggy B. Burke © The Ohio State University The Future of Sentencing: Parole Discretion and Risk Reduction PEGGY B. BURKE Center for Effective Public Policy and National Parole Resource Center In the early part of the twentieth century, each state in the union moved to create a parole function...

...Don Stemen; David Olson © The Ohio State University Two Paths to Policy: Data, Discretion, and Local-Level Problems in Illinois Sentencing Reform Process DON STEMEN Associate Professor and Chairperson Department of Criminal Justice and Criminology, Loyola University Chicago DAVID OLSON...

.... These include grants based on reasons ranging from vulnerability to COVID all the way to the injustice of continued incarceration of people serving sentences the FSA lowered but did not make retroactive. Confronting the Commission is the question of whether and to what extent it might cabin the discretion...

...Alan DuBois; Anne E. Blanchard © The Ohio State University 02.FSR18.2_84-93.qxd 2/23/06 2:50 PM Page 84 Sentencing Due Process: How Courts Can Use Their Discretion to Make Sentencings More Accurate and Trustworthy ALAN DUBOIS Senior Appellate Attorney Federal Public Defender for the Eastern...

...Alison Siegler © The Ohio State University GUEST EDITOR S OBSERVATIONS Disparities and Discretion in Fast-Track Sentencing ALISON SIEGLER Assistant Clinical Professor of Law & Director of the Federal Criminal Justice Project, University of Chicago Law School* Since the Supreme Court held...

...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...

...Robert Pratt © The Ohio State University The Discretion to Sentence Of the many complicated tasks federal district court judges must undertake, sentencing is indisputably one of the most important and, in my opinion, the most dif cult. In each case, the law requires the judge to consider...

...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...

... available to a sentencing court. Sentencing discretion is conferred upon trial courts by the General Assembly through its statutory enactments, and the trial courts have full discretion to impose a prison sentence that falls within the prescribed statutory range. With such wide-ranging discretion...

... would not deliver for nearly two years. By April 1971, he had settled on his topic: judicial sentencing discretion and its discontents in federal court. His first extensive pronouncement was at the annual banquet of the Columbia Law Review that month. Initially he was opposed to the delegation...

... virtually never. Its sole relative advantage — that of conferring additional (and effectively unreviewable) discretion on sentencing judges — is insufficient to justify its retention as a permanent system. Second, there exist a number of constitutionally permissible alternatives to the court-created Booker...

... in sentencing. Moreover, these reforms concentrated discretion in hands of prosecutors, who were less likely to exercise their discretion wisely than the judges and other officials whose powers were curbed, and the reforms increased the pressure on defendants to waive their rights. The article describes how...

.... Judges are concerned that a statewide database will undercut the very values that uphold their authority as sentencing judges. When sentencing, judges want to maintain discretion, value proportionality, and honor local norms. After sentencing, judges don’t want to be pigeonholed or scapegoated. Any...