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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
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
NACDL News: Bipartisan Reform Legislation On Mandatory Minimum Sentencing Introduced

NACDL News: Bipartisan Reform Legislation On Mandatory Minimum Sentencing Introduced Ivan J. Dominguez and Isaac Kramer NACDL News April 2013 15 On March 20, Senators Patrick Leahy (D-VT) and Rand Paul (R-KY) introduced the Justice Safety Valve Act of 2013 (S. 619). If enacted, this legislation woul

By Ivan J. Dominguez and Isaac Kramer in April 2013
Category: The Champion Magazine
Federal Sentencing Tips

Federal Sentencing Tips Alan Ellis, Todd Bussert, and Mark Allenbaugh April 2013 40 Editor’s Note: This article is based on information in the 2012–14 edition of Federal Prison Guidebook by Alan Ellis (James Publishing). Approximately 94 percent of all federal criminal defendants plead guil

By Alan Ellis, Todd Bussert, and Mark Allenbaugh in April 2013
Category: The Champion Magazine
Sentencing: Here They Go Again: Congress Once More Raises Penalties for Child Pornography Offenses — A Legislative Update

Over the past 20 years, federal and state law enforcement officials have become zealous proponents of child pornography laws that punish such crimes with increasingly severe sanctions. As a result of the routine imposition of mandatory minimums as well as massive Guideline sentences, sex offenders now constitute — for the first time — the fourth largest group of offenders in the Bureau of Prisons, costing the public well over $307 million a year just to house.1 Practitioners, academics, and even the federal judiciary, however, have consistently criticized such a sentencing scheme that results in child pornography offenders receiving sentences exceeding 11 years’ imprisonment, on average, which is far higher than for any other major offense category.2  

By Mark H. Allenbaugh, Zachary Margulis-Ohnuma, Tess Lopez and Fay Spence in November 2012
Category: The Champion Magazine
Showing Page 1of 10 Pages: 1 2345678910
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