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100 results found for Sentencing in search category NACDL Website Showing Page 1of 10 Pages: 1 2345678910

Sentencing Reform: Eliminating Mandatory Minimums, Easing Harsh Sentencing Structures and Building Smart on Crime Solutions One State at a Time

Sentencing Reform: Eliminating Mandatory Minimums, Easing Harsh Sentencing Structures and Building 'Smart on Crime' Solutions -- One State at a Time Mary Price

By Mary Price in June 2004
Category: The Champion Magazine
No Need for a Booker Fix (From the President)
There is no need to return to the mandatory federal sentencing regime that the U.S. Supreme Court held unconstitutional in United States v. Booker. The shift to advisory guidelines following Booker has resulted in a more reasonable federal sentencing system.
By Lisa M. Wayne in March 2012
Category: The Champion Magazine
Using Moving Pictures To Build the Bridge of Empathy at Sentencing
Defenders must employ the most powerful ways to make judges understand their clients and the mitigating circumstances behind the clients' conduct. One of the most effective ways to meet this challenge is through the use of visual storytelling, specifically, the production of short documentary video presentations about the client. Doug Passon discusses the three essential ingredients of any successful sentencing documentary: a solid story, connective characters, and emotionally evocative images.
By Doug Passon in June 2014
Category: The Champion Magazine
Sentencing: Thinking Like a Judge, Arguing as an Advocate
To assist a judge in reaching a certain sentence, defense counsel must be able to demonstrate, in language and with evidence that resonates with the judge, why the proposed sentence is a just sentence. Lisa Hay examines the steps in developing the facts and theory to support a just sentence. She also addresses some of the mechanics of achieving this just sentence: the allies to enlist, the materials of use, and the individuals who should participate at sentencing.
By Lisa Hay in June 2014
Category: The Champion Magazine
NACDL News: U.S. Sentencing Commission Votes to Reduce Drug Trafficking Sentences
The U.S. Sentencing Commission on April 10 took another step toward making federal drug sentences more reasonable. The agency approved an amendment that would reduce the guidelines level for most drug offenses by two levels, amounting to an 11-month sentence reduction, on average. Unless Congress rejects the “drugs-minus-2” amendment, which was approved as part of a larger package of amendments, the change would go into effect Nov. 1, 2014.
By Ivan J. Dominguez and Isaac Kramer in May 2013
Category: The Champion Magazine
A Report on Behalf of the American Bar Association Task Force on the Reform Of Federal Sentencing For Economic Crimes

In April 2013, the Criminal Justice Section of the American Bar Association assembled a task force to study and evaluate the reforms needed in the sentencing of federal economic crimes. The mission of the task force was not only to identify the areas of weakness in the existing Federal Sentencing Guidelines, but also to draft and propose a better guideline to remedy those weaknesses.

By James E. Felman in November 2013
Category: The Champion Magazine
Federal Sentencing Reform Advances Despite a Brazen Prosecutorial Embrace of the Trial Penalty (Inside NACDL)
NACDL and advocacy groups are no longer alone in decrying draconian sentencing policies. With leadership coming from the top of the Justice Department and bipartisan support emerging in Congress, there is real hope that the United States may finally begin to undo the plague of mass incarceration.
By Norman L. Reimer in March 2014
Category: The Champion Magazine
NACDL News: Supreme Court Reverses Sentencing Enhancement in Drug Case

 A unanimous U.S. Supreme Court issued an important criminal law ruling on January 27 in the case of Burrage v. United States by applying the rule of lenity — a rule of statutory construction that resolves ambiguities in the language of a law in favor of the defendant. Reversing the Eighth Circuit Court of Appeals, the Court held that to apply the 20-year minimum sentencing enhancement in § 841(b)(1)(C) to someone convicted of selling certain substances to a user who then dies, “at least where use of the drug distributed by the defendant is not an independently sufficient cause of the victim’s death or serious bodily injury[,]” the government must prove beyond a reasonable doubt that “but for” the use of that particular substance, the user of the drug would be alive.

By Ivan J. Dominguez in March 2014
Category: The Champion Magazine
The ‘Silver Tsunami’ And Sentencing — Age and Health as Mitigating Factors

Age and health are significant mitigating factors in an increasing number of sentencings as the baby-boomer generation turns 65 — the so-called “Silver Tsunami.”1 This is particularly true in white collar cases, which disproportionately involve offenders over 50.2 

By Evan A. Jenness in September/October 2013
Category: The Champion Magazine
Letter to the Editor: Native Americans and Racial Disparities in Sentencing
As a long-time federal judge, I have seen many cases, mostly on appeal, of disparity of federal sentencing toward minorities, sometimes much harsher than on white offenders. The articles you published in July 2013 discussing the problems and possible solutions are timely and significant.
By Hon. Myron H. Bright in November 2013
Category: The Champion Magazine
Showing Page 1of 10 Pages: 1 2345678910
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