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Articles 1 - 4 of 4
Full-Text Articles in Legal Remedies
A Call To Abolish Determinate-Plus Sentencing In Washington, Rachel Stenberg
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
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 …
Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow
Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow
Washington Law Review
Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond a reasonable doubt, …
Recalibrating Constitutional Innocence Protection, Robert J. Smith
Recalibrating Constitutional Innocence Protection, Robert J. Smith
Washington Law Review
This Article examines the constitutional nature of the right of a prisoner to receive post-conviction relief based solely on the claim that he is innocent. Part I explores innocence protection as an animating value of constitutional criminal procedure (Part I.A) and describes how developments in the way that crimes are investigated, proved, and reexamined have dislodged the trial from its place at the center of the constitutional criminal procedure universe (Part I.B). Part II explores how realigning the importance of innocence protection with the practical realities of our criminal justice system would impact the regulation of post-conviction procedures. It also …