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Articles 1 - 5 of 5

Full-Text Articles in Law

Shaping Modern Sentencing: Three Giants, Steven Chanenson, Mark Miller Mar 2009

Shaping Modern Sentencing: Three Giants, Steven Chanenson, Mark Miller

Steven L. Chanenson

No abstract provided.


The Next Era Of Sentencing Reform ... Revisited, Steven Chanenson, Mark Bergstrom, Frank Dermody, Jordan Hyatt Jan 2009

The Next Era Of Sentencing Reform ... Revisited, Steven Chanenson, Mark Bergstrom, Frank Dermody, Jordan Hyatt

Steven L. Chanenson

No abstract provided.


Evidence-Based Sentencing: The Science Of Sentencing Policy And Practice, Richard Redding Jan 2009

Evidence-Based Sentencing: The Science Of Sentencing Policy And Practice, Richard Redding

Richard E. Redding

Sentencing is where much of the action is in criminal practice, particularly since ninety percent or more of cases never go to trial but are settled through plea bargains. Acting within the constraints of applicable presumptive or mandatory sentencing guidelines, probation officers, prosecutors, defense attorneys, and judges typically rely on their instincts and experience to fashion a sentence based upon the information available about the offense and offender. But relying upon gut instinct and experience is no longer sufficient. It may even be unethical – a kind of sentencing malpractice that produces sentencing recommendations and decisions that are neither transparent …


Extraordinary And Compelling: A Re-Examination Of The Justifications For Compassionate Release, William W. Berry Iii Jan 2009

Extraordinary And Compelling: A Re-Examination Of The Justifications For Compassionate Release, William W. Berry Iii

William W Berry III

Federal law, unbeknownst to many, includes a provision that permits the immediate release of federal prisoners. This safety valve provision requires that the Director of the Bureau of Prisons make a motion on behalf of the prisoner in order to secure the prisoner's compassionate release. Far from being a veiled version of parole, this compassionate release provision is to be used only in circumstances deemed "extraordinary and compelling." While the Bureau of Prisons has read this language very narrowly for many years, considering only terminally ill inmates as candidates for compassionate release, the Sentencing Commission modified its Guideline commentary in …


Revolution Or Evolution: Recent Developments In American Federal Criminal Sentencing, Steven L. Chanenson Dec 2008

Revolution Or Evolution: Recent Developments In American Federal Criminal Sentencing, Steven L. Chanenson

Steven L. Chanenson

No abstract provided.