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Criminal Justice: Racial Equity In United States Of America, Glenn Bass

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The purpose of this paper is to provide the reader with a spiritual sense of awakening as it pertains to a revelation of the human spirit. A revival, or improvement in the condition of any individual or social infrastructure will re-establish citizenship and further restore virtue within the United States of America. Researchers have articulated that our criminal justice system is broken through police retention/recruitment, lack of resources, ineffective prosecution and public defenders, sentencing disparities, and lack of understanding of the socioeconomic status of the criminal or violent offender. These issues are subtopics underneath the umbrella of racial equity. The …

The Miller Trilogy, Jones, And The Future Of Juvenile Sentencing And Constitutional Interpretation In The Post-Jones America, Gabriela Seguinot

Senior Theses and Projects

The United States is an outlier in juvenile sentencing practices, often subjecting youth offenders to extreme and lengthy punishments. While the Supreme Court over the past two decades has been slowly narrowing the nation’s use of such sentences against children through a series of cases known as the Miller Trilogy, this progress came to a sudden halt in the 2021 case of Jones v. Mississippi. However, in surprising turn of events, the Supreme Court’s recent national display of restraint has not stopped sentencing reform efforts in the states. Contrary to the current Supreme Court, states in the U.S. have …

Worthless Checks? Clemency, Compassionate Release, And The Finality Of Life Without Parole, Daniel Pascoe

Northwestern University Law Review

Life without parole (LWOP) sentences are politically popular in the United States because, on their face, they claim to hold prisoners incarcerated until they die, with zero prospect of release via the regularized channel of parole. However, this view is procedurally shortsighted. After parole there is generally another remedial option for lessening or abrogating punishment: executive clemency via pardons and commutations. Increasingly, U.S. legal jurisdictions also provide for the possibility of compassionate release for lifers, usually granted by a parole board.

On paper, pardon, commutation, and compassionate release are thus direct challenges to the claim that an LWOP sentence will …

Problem-Solving Courts And The Outcome Oversight Gap, Erin R. Collins

UMKC Law Review

The creation of a specialized, “problem-solving” court is a ubiquitous response to the issues that plague our criminal legal system. The courts promise to address the factors believed to lead to repeated interactions with the system, such as addiction or mental illness, thereby reducing recidivism and saving money. And they do so effectively – at least according to their many proponents, who celebrate them as an example of a successful “evidence-based,” data-driven reform. But the actual data on their efficacy is underwhelming, inconclusive, or altogether lacking. So why do they persist?

This Article seeks to answer that question by scrutinizing …

Long History Of Leniency? A Call For A Georgia Statutory Mitigation Factor For Veterans With Post-Traumatic Stress Disorder, Jonathan Fagundes

Georgia Law Review

In Georgia, criminal sentencing marks a critical period for convicted defendants. As the final moment before the superior court fashions a punishment, the defendant faces a pivotal opportunity to introduce mitigating evidence, including evidence of mental health challenges, life circumstances, and other facts. Where such evidence is offered, the superior court can properly issue a sentence that aligns with the purposes of punishment or other state policies. But some populations, especially veterans convicted of nonviolent offenses, are exposed to unique stressors that likely affect their culpability. The existing sentencing regime, however, does not guarantee that this mitigating evidence will even …

Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan

Seattle University Law Review

The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …

A Critical Assessment Of The First Step Act’S Recidivism-Reduction Measures, Raquel Wilson

Dickinson Law Review (2017-Present)

The First Step Act of 2018 (“FSA”) is the most impactful federal sentencing reform of the past 40 years. While the Act represents a partial resurgence of the rehabilitative model of imprisonment, which had fallen out of favor decades before, it also represents a missed opportunity to fully integrate evidence-based rehabilitation programs for those offenders who pose the greatest risks to public safety.

The public has a strong interest in reducing recidivism, particularly among violent offenders, most of whom will be released from federal prison eventually. The FSA incentivizes participation in evidence-based, recidivism-reducing programs offered by the Bureau of Prisons …

A Second Chance At Success: Using “Second Look” Laws To Modify Sentences Of Juvenile Offenders, Sophia M. Adams

Dickinson Law Review (2017-Present)

“Second look” sentencing laws allow incarcerated individuals to petition to have their sentences reexamined and potentially reduced after they have served a significant period of incarceration. This rehabilitative relief is conditioned upon an offender showing that they have made meaningful positive changes while incarcerated and would not pose a threat to their community if released. Implementing second look laws is particularly appropriate in the context of offenders who have committed crimes as juveniles. The U.S. Supreme Court has recognized that juvenile offenders are less culpable than their adult counterparts and psychological science supports this conclusion. This Comment examines and compares …

The Influence Of Prior Legal Background On Judicial Sentencing Considerations, Esther Nir, Siyu Liu

International Journal on Responsibility

State court judges are influenced by a myriad of factors during criminal case processing. To study the influence of prior legal background on judicial decision-making at sentencing, we performed in-depth qualitative interviews of 39 trial court judges presiding over criminal cases in a Northeastern U.S. state. We find that judges are influenced by their former legal experiences and most judges are cognizant of this influence. While certain sentencing considerations are prioritized for almost all judges (e.g., criminal history, seriousness of the offense), prioritization and processing of many other sentencing criteria are correlated with prior legal background. Former defense attorneys tend …

Silent Sentences: The Procedural Tragedy Of The Bureau Of Prisons' Sentence Computation Policy, Max Abramson

Georgia Law Review

The Bureau of Prisons has systematically lengthened sentences—at times doubling them—for prisoners subject to federal and state sentences for the same conduct. This phenomenon does not stem from any expressed intent on the part of federal or state judges, defense attorneys, the prosecution, or a plea deal. Instead, it arises through silence at a prisoner’s federal sentencing on a key issue: whether the federal sentence is consecutive to or concurrent with a yet-to-beimposed state sentence.

For those facing both a federal sentence and a yet-to-beimposed state sentence for the same conduct, perhaps no other aspect of sentencing has a greater …

Examining Remorse In Attributions Of Focal Concerns During Sentencing: A Study Of Probation Officers, Colleen M. Berryessa

International Journal on Responsibility

This research, using interviews with probation officers in the United States (n = 151) and a constant comparative method for analysis, draws from the focal concerns framework to qualitatively model a process by which probation officers use a defendant’s remorse to attribute focal concerns in order to guide their sentencing recommendations in pre-sentencing reports. The model suggests that officers use expressions of remorse to make attributions about mitigated criminal intention (blameworthiness and notions of responsibility), reduced dangerousness and a high potential for reform (community protection), and organization-level effects for increasing caseload efficiency and using correctional resources (practical effects of …

Disparities In Extreme Contexts: The Impact Of Gender And Mental Health Status On The Criminal Justice Outcomes Of Extremists, Andrea Corradi

Department of Criminal Justice and Criminology Faculty Publications

Purpose: While disparities in the treatment of individuals in the criminal justice system have been well-documented, due to varying political and legal contexts it is likely that disparities may differ for perpetrators of extremism. This research examines the effects of gender and mental health status on criminal justice outcomes of individuals who have been accused of committing ideologically motivated crimes in the United States. Methods: Using the Extremist Crime Database (ECDB) and logistic and ordinary least-squares (OLS) regression models, this study estimates the effects of these individual characteristics on adjudication method and sentence length, and isolates pre/post-2001 time-periods. Results: The …

Why Judges Should Use 18 U.S.C. § 3553 To Assess Prison Sentences Qualitatively In The Context Of Collateral Relief, Luke Doughty

Indiana Journal of Law and Social Equality

No abstract provided.

“Take The Motherless Children Off The Street”: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo

University of Miami Law Review

Remarkably, there has been minimal academic legal literature about the interplay between fetal alcohol syndrome dis- order (“FASD”) and critical aspects of many criminal trials, including issues related to the role of experts, quality of counsel, competency to stand trial, the insanity defense, and sentencing and the death penalty. In this Article, the co-authors will first define fetal alcohol syndrome and explain its significance to the criminal justice system. We will then look at the specific role of experts in cases involving defendants with FASD and consider adequacy of counsel. Next, we will discuss the impact of FASD on the …

Public Perceptions And Punishment Of Sex Offenders, Emily R. Ives

Student Theses

Previous research has examined negative public perceptions and attitudes towards sex offenders and, in turn, how sex offenders are punished. The present study aims to build on previous research by examining whether perceptions of sex offenders are impacted by the offender’s relationship to the victim, and how victim perpetrator relationship may impact sentencing. Survey data from n=119 participants was examined. Participants were randomly assigned to one of three relationship conditions (i.e., stranger, acquaintance, or spouse) which was manipulated within a mock article vignette describing a rape incident. Subsequently, participants completed questionaries regarding sentencing of the described perpetrator, as well …

After Miller V. Alabama: A Content Analysis Of Juvenile Sentencing Decisions Across The United States, Kristen H. Williams

Honors College Theses

In 2012 a Supreme Court ruling (Miller v. Alabama) determined that life without parole for juveniles was unconstitutional based on the eighth amendment. However, the Supreme Court decision only applied to ongoing and future cases. The objective of this thesis was to conduct a policy analysis on new sentencing laws (i.e., state level) and subsequent Supreme Court decisions (i.e., federal level) that impacted the juvenile court after Miller v. Alabama (2012). Furthermore, it examined differences across states as a result of newly implemented legislative actions. A search of all 50 states and federal actions was conducted to gather …

Perceived Dangerousness Mediates Punitive Attitudes Toward Sex Offenders: Results From A Vignette Experiment, Nathan E. Kruis, Kim S. Ménard, Jaeyong Choi, Nicholas J. Rowland, Tyler Frye, Rachel Kosaka, Alicia Williams

Criminal Justice Faculty Publications

The current study used an experimental vignette (n = 1,093) to examine the effects of perpetrator sex and age, and victim sex and age, on simulated juror sentencing recommendations for individuals convicted of sexual offenses (ICSO). Path analyses were used to see if differences in punitive attitudes could be explained by perceptions of dangerousness participants attached to experimentally manipulated variables, as hypothesized by attribution theorists. Results show that participants consistently recommended longer sentences, higher fines, and indicated greater support for post-release sanctions for male offenders, older perpetrators, and for offenders who victimized younger adolescents. Path analysis demonstrated that perceptions of …

Take The Motherless Children Off The Street: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

Remarkably, there has been minimal academic legal literature about the interplay between fetal alcohol syndrome disorder (FASD) and critical aspects of many criminal trials, including issues related to the role of experts, quality of counsel, competency to stand trial, the insanity defense, and sentencing and the death penalty. Nor has there been any literature about the interplay between FASD-related issues and the legal school of thought known as therapeutic jurisprudence.

In this article, the co-authors will first define fetal alcohol syndrome and explain its significance to the criminal justice system. We will then look at the specific role of experts …

The Electoral Connection In Court: How Sentencing Responds To Voter Preferences, Joshua Boston, Bernardo S. Silveira

Political Science Faculty Publications

Do elected judges tailor criminal sentences to the electorate’s ideology? Utilizing sentencing data from North Carolina’s Superior Courts—which transitioned from statewide to local elections in 1996—we study whether judges are obliging to voters’ preferences. We find some evidence of responsiveness: judges from liberal districts were more lenient, while those from moderately conservative districts assigned harsher sentences. Judges from increasingly conservative districts did not change their sentencing patterns, which leads to lower re-election rates. These findings suggest that judges adapt their behavior to retain office, or else they are held accountable by the public.

Sentence Length And Perceptions Of Dangerousness As A Function Of Race, Attributional Complexity, And Ability To Meet Bail, Hannah Baldwin

Psychology Theses

Defendant race and ethnicity impact sentencing length decisions, leading to discrimination in the criminal justice system. Aspects of the pretrial process that strongly correlate with a defendant’s socioeconomic status, the use of cash bail, may also influence sentencing length, given the negative stereotypes about individuals of lower socioeconomic statuses. Relatively few studies have explored the impact of cash bail use on sentencing decisions or sought to understand why use of cash bail might influence these decisions. The current study investigates the impact of defendant ability to meet bail (yes v. no) on judgments of sentence length and dangerousness within the …

“Progressive” Prosecutors And “Proper” Punishments, Benjamin Levin

Scholarship@WashULaw

After decades of relative inattention to prosecutorial elections, academics and activists recently have focused on “progressive prosecutors” as a promising avenue for criminal justice reform. That said, the growing literature on progressive prosecutors reflects little clarity about what makes a prosecutor “progressive.” Recent campaigns suggest disparate visions of how to operationalize “progressive prosecution.” In this chapter, I describe four ideal types of progressive prosecutor: (1) the progressive who prosecutes, (2) the proceduralist prosecutor, (3) the prosecutorial progressive, and (4) the anti-carceral prosecutor. Looking to sentencing policy as a case study, I examine how these different ideal types illustrate different visions …

Sentencing In An Era Of Plea Bargains, Jeffrey Bellin, Jenia I. Turner

Faculty Journal Articles and Book Chapters

The literature offers inconsistent answers to a question that is foundational to criminal law: Who imposes sentences? Traditional narratives place sentencing responsibility in the hands of the judge. Yet, in a country where 95 percent of criminal convictions come from guilty pleas (not trials), modern American scholars center prosecutors – who control plea terms – as the decider of punishment. This Article highlights and seeks to resolve the tension between these conflicting narratives by charting the pathways by which sentences are determined in a system dominated by plea bargains.

After reviewing the empirical literature on sentence variation, state and federal …

The Effects Of Gender Stereotypes And Types Of Crime On Perceptions Of Responsibility, Sentencing Severity, And Likelihood Of Recidivism, Spencer Hagenbuch

CMC Senior Theses

Past research has produced mixed findings regarding the roles of gender stereotypes in criminal sentencing. Usually, women receive preferential treatment; however, studies have shown that women receive harsher sentencing than men under certain circumstances. In light of these findings, we argued that the Chivalry and Paternalism thesis shows how women are exempted from harsh punishment when their crimes align with negative gender stereotypes, resulting in lenient treatment most of the time. Additionally, we argued that women receive harsher sentencing when their crimes violate positive gender stereotypes while men receive harsher sentencing when their crimes 1) violate positive gender stereotypes or …

A Call To Abolish Determinate-Plus Sentencing In Washington, Rachel Stenberg

Washington Law Review

For certain incarcerated individuals who commit sex offenses, Washington State’s determinate-plus sentencing structure requires a showing of rehabilitation before release. This highly subjective “releasability” determination occurs after an individual has already served a standard sentence. A review of recent releasability determinations reveals sentences are often extended on arbitrary and inconsistent grounds—especially for individuals who face systemic challenges in prison due to their identity or condition. This Comment shows that the criteria to determine whether individuals are releasable is an incomplete picture of their actual experience in the carceral setting, using the distinct example of incarcerated individuals with mental illness. While …

Expanding Judicial Discretion To Grant Compassionate Release During Covid-19, Deborah Wang

Washington Law Review

In the 1980s, Congress introduced compassionate release to counteract the increased rigidity of our federal sentencing system. This mechanism allowed courts, through a motion filed by the Bureau of Prison’s director, to reduce a prisoner’s sentence if “extraordinary and compelling” circumstances warrant such a reduction. However, because the Bureau of Prisons (BOP) seldom brought these motions, few people were released early via compassionate release. At the same time, public discourse and concerns regarding mass incarceration have continued to grow, causing lawmakers to revisit and revise compassionate release through the First Step Act of 2018 to ensure that this mechanism’s potential …

Do Prison Conditions Change How Much Punishment A Sentence Carries Out? Lessons From Federal Sentence Reduction Rulings During The Covid-19 Pandemic, Skylar Albertson

Northwestern Journal of Law & Social Policy

A set of motions filed during the COVID-19 pandemic challenged federal judges to consider whether they should always view the duration of imprisonment—as contrasted with prison conditions—as the sole determinant of how much punishment a sentence carries out. Under 18 U.S.C § 3582(c)(1)(A)(i), federal judges may “reduce” already imposed terms of imprisonment upon finding that “extraordinary and compelling reasons” warrant reductions. Prior to 2019, the Bureau of Prisons (BOP) effectively controlled the scope of a catch-all subcategory of “Other Reasons” justifying sentence reductions. The BOP used this authority almost exclusively for people who were in the final stages of terminal …

The Myth Of The All-Powerful Federal Prosecutor At Sentencing, Adam M. Gershowitz

St. John's Law Review

(Excerpt)

Prosecutors are widely considered to be the most powerful actors in the criminal justice system. And federal prosecutors are particularly feared. While some recent scholarship casts doubt on the power of prosecutors, the prevailing wisdom is that prosecutors run the show, with judges falling in line and doing as prosecutors recommend.

This Article does not challenge the proposition that prosecutors are indeed quite powerful, particularly with respect to sentencing. There are many structural advantages built into the system that combine to give prosecutors enormous influence over sentences. For example, prosecutors have considerable power to bring a slew of charges …

Mock Jurors' Recommended Sentences For Perpetrators Who Have Traumatic Experiences, Katherine West

Electronic Theses and Dissertations

Experiencing trauma can result in neurological and biological changes, precipitating long-term damage to the brain and body. A considerable proportion of incarcerated persons have reported that they have experienced some type of trauma (Stensrud, Gilbride, & Bruinekool, 2018). Using scenarios of hypothetical crimes of varying degrees of seriousness, this study explores whether disclosure of the perpetrator’s traumatic childhood experiences has an influence on the severity of the sentence that mock jurors would recommend for that perpetrator. The mock jurors’ trait empathy, Belief in a Just World, and their own traumatic experiences were assessed to determine whether these characteristics could account …

Brief Of Professor Brandon Hasbrouck As Amicus Curiae In Support Of Appellant: Bell V. Streeval, Brandon Hasbrouck

Scholarly Articles

The core question raised by this case is whether a federal prisoner serving an unconstitutional sentence can be foreclosed from post-conviction habeas relief by the gatekeeping provisions of § 2255. The Constitution answers that question in the negative through the Suspension Clause. “[F]reedom from unlawful restraint [i]s a fundamental precept of liberty,” and the writ of habeas corpus “a vital instrument to secure that freedom.” Boumediene, 553 U.S. at 739. The importance of the common law writ was such that the Framers specified that it could be suspended only in the most exigent circumstances. U.S. Const. art. I, § …

A (Partial And Principled) Defense Of Sentences Of Life Imprisonment, Mirko Bagaric, Jennifer Svilar

Cleveland State Law Review

There has been more than a five-fold increase in the number of life sentences in the United States over the past four decades. One in seven prisoners in the United States is serving a life (or virtual) life sentence. This amounts to over 200,000 prisoners. The increase has occurred against the backdrop of near universal condemnation by scholars and public policy advocates – many of whom are now advocating for the abolition of life sentences. Arguments that life sentences are not an effective deterrent or means of protecting the community have some merit. Yet, we argue that in a limited …