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Full-Text Articles in Health Law and Policy
Revisiting Compassionate Release: The Sentencing Commission’S Compassionate Changes To The 2023 Compassionate Release Policy Statement, Rachel Wilson
Revisiting Compassionate Release: The Sentencing Commission’S Compassionate Changes To The 2023 Compassionate Release Policy Statement, Rachel Wilson
Cleveland State Law Review
Compassionate release is a well-established exception to the Sentencing Reform Act’s requirement that a defendant’s sentence not be reduced after its final imposition. The Act requires the Sentencing Commission, through policy statement, to describe “extraordinary and compelling reasons” warranting compassionate release. However, the Sentencing Commission’s failure to convene as a quorum for nearly four years precluded any policy statement updates. In that time, the COVID-19 pandemic and the Bureau of Prisons’ internal issues further complicated the compassionate release process. This Note analyzes the 2023 amendment to the compassionate release policy statement, its potential implications, and suggests additional steps to be …
Judges As Medical Decision Makers: Is The Cure Worse Than The Disease, Alan A. Stone
Judges As Medical Decision Makers: Is The Cure Worse Than The Disease, Alan A. Stone
Cleveland State Law Review
I shall examine and criticize three of the many judicial decisions in the area of law and medicine. These cases are Doe v. Bolton, Superintendent of Belchertown State School v. Saikewicz, and Rogers v. Commissioner of the Department of Mental Health. Those of you who like to think of the law as reason and justice tempered by mercy will be offended by what I have to say; but I shall be evenhanded. Those of you who think of medicine as science and art tempered by compassion will also be offended. My justification for the critical and polemical thesis I shall …