Search Results for severity of sentencing

... Tables, particularly with respect to MDMA (or “Ecstasy”). The Drug Conversion Tables play an essential role in determining sentences for drug offenses, the most commonly prosecuted category of federal crimes. These tables have resulted in severe sentencing disparities for similar offenses—they have been...

... in two judicial districts in the Ninth Circuit: Arizona and California Northern. Although in the same circuit, the two districts approach hand down dissimilar punishments. The article examines the differences across race and gender and type of offense. Across the board, sentences not only are more severe...

... in prosecutorial–not judicial–practices, to which sentencing judges may appropriately respond. The Commission also heard testimony advocating other legislative changes that would preserve judicial flexibility but lower severity levels, simplify the system, enhance the reliability of fact-finding, and insulate...

... cases. These latest DOJ policies are generally consistent in many respects with past policies issued by Attorney General Garland’s predecessors, but they break new ground (or revive previously rescinded policies) in several areas: mandatory minimum statutes, statutory sentencing enhancements, the crack...

... the potential to disrupt signi cantly the sentencing systems in several states. In this Article, we argue that Alleyne invalidates any state statute that, upon a judicial nding of fact at sentencing (other than prior conviction), requires a judge to delay or deny eligibility for release on probation or parole...

... consider several possible reasons for this increase. I conclude that four recent trends have jointly produced longer meth sentences: (1) drug volumes have increased, (2) the criminal history of the average offender has become more extensive, (3) weapon enhancements and charges have become more common...

..., which measure the severity of each defendant s conduct by plugging in factors like drug weight, monetary loss, or other objective metrics of criminality. However, these guidelines-based mandatory minimum sentences circumvented the jury system, were not authorized by statute, and often stripped judges...

... in several states, provide the best and indeed the only proven way to meaningfully address the problems of sentencing and parole disparity that Frankel so eloquently identified. But he would want and expect guideline systems to continue to evolve, thoughtfully and steadily coming closer to the shared goals...

...Melissa Hamilton Abstract The Drug War ushered in harsh sentencing practices in the United States. The severity in penalties has been particularly salient in the federal criminal justice system. Increased statutory penalties and U.S. Sentencing Commission guidelines led to drug users...

... Berman, is just this kind of research. It provides insights not just into a unique group of persons convicted in the federal criminal justice system for controlled substance violations but also into broader issues facing federal sentencing: unwarranted sentencing disparities, unwarranted severity...

... arrays of penalties implied that the cruelest sentences were reserved for the truly blameworthy, when in fact they were reserved for the marginalized. Moreover, several legal conventions born of these penalty structures mandatory minimums, the distinction between user and seller, punishment of addiction...

...-greater severity. A decade later, sentencing remains the center of a vigorous debate about what we want from our criminal justice system and even who we are as a society, but the terms of the debate now largely revolve around how much to lower prison terms rather than how much to raise them. This essay...

... (2,960,253 views of as Nov. 18, 2020); MLive, I Think It s Worth Every Penny to Lock You Up for the Rest of Your Life, Judge Tells Convicted Abu[ser], YouTube (Apr. 9, 2015), httpswww.youtube.com/watch?v¼6e7JV8LxnZ8 (3,534,073 views as of Nov. 18, 2020) (sentencing defendant to several lengthy prison terms...

... reduction of sentence for “extraordinary and compelling reasons.” So-called “compassionate release” has taken on new significance since Congress amended the authorizing statute in the First Step Act of 2018. Because the Commission had no quorum at the time and for several years after it has been unable...

... as death sentences due to their irrevocability, this holding should be extended to LWOP sentences. Put another way, this article explains why being condemned to life is equivalent to death for someone whose neurodegenerative disease is so severe that they cannot rationally understand their punishment. ©...

... and evolution of the “breach of trust” framework, which several justices invoked to support the lack of jury trial rights at revocation. The Article shows how this framework—a product of advisory policy statements adopted more than three decades ago—has become garbled and disjointed over time. This Article also...

... of the crime charged, and furthermore they have the right to hold the government to its duty of sustaining the burden of proof. A suspicion arises: if the system is premised on guilty pleas, but prosecutors tell defendants who ask for trials that their sentences will be much more severe if they are convicted...

... had all been charged by their military chains-of-command after sufficient evidence indicated culpability, and in two of the cases, military juries (“panels”) consisting of high-ranking officials with combat experience had convicted the officers and sentenced them to hefty federal prison terms...

... an unexplored option in most American sentencing courts, there were several efforts to implement smaller-scale pilot projects in the late 1980s and early 1990s. One of the rst efforts was the Staten Island Day Fines Project.65 The evaluation of this project compared ne assessment and collection practices...

... is ordinarily convened for felony charges. The procedural matters discussed in this article, however, also apply to a special court-martial jury, except that the special court-martial is limited to much less severe sentences and ordinarily is comprised of signi cantly fewer jurors.) II. Unique Procedures...