Sentencing Posts
Sentencing questions raising constitutional concerns
Mitchell JagodinskiWe highlight cert petitions that ask the Supreme Court to consider, among other things, the use of acquitted conduct in sentencing decisions, when a sentencing court must consider a defendant’s juvenile status as a mitigating factor, and compassionate release under the First Step Act.
Using the Corporate Prosecution and Sentencing Model for Individuals: The Case for a Unified Federal Approach
Rachel BarkowThis essay explores the different approaches the Department of Justice and Sentencing Commission have taken to individual and corporate defendants and explain why aspects of the corporate model should apply to individual cases as well.
COVID-19 and the Ruralization of U.S. Criminal Court Systems
Pamela Metzger and Greg GuggenmosThe COVID-19 pandemic is imposing typically rural practice constraints on the United States’ urban and suburban criminal court systems. This “ruralization” of criminal practice offers lawyers, policymakers, and researchers a window into the challenges and opportunities that inhere in rural systems.
The Death Penalty in 2020: Year-End Report
Lauren KlosinskiThe Death Penalty Information Center has released its year-end report on “The Death Penalty in 2020.”
What Biden’s Win Means for the Future of Criminal Justice
Lauren KlosinskiThe Marshall Project recently posted an article detailing what the future of criminal justice could look like under the Biden administration.
Virtual Criminal Courts
Deniz Ariturk, William E. Crozier and Brandon GarrettAs criminal courts around the United States suspended in-person proceedings, virtual hearings, where parties appear through videoconference or teleconference technology, have allowed courts to remain in session while reducing the danger to public health. Courts at all levels, from small municipal courts to the U.S. Supreme Court, have been hearing arguments remotely.
The Death Penalty and the Misleading Concept of ‘Closure’
Susan A. BandesSusan A. Bandes of DePaul University College of Law published “The Death Penalty and the Misleading Concept of ‘Closure’” on The Crime Report.
Nondelegating Death
Alexandra KleinThis Article critically evaluates responsibility for administering capital punishment through the lens of non-delegation. It analyzes state court decisions upholding broad legislative delegations to agencies and identifies common themes in this jurisprudence.
Sentencing Project Releases Fact Sheet on “Incarcerated Women and Girls”
Pauline ToboulidisThis new fact sheet examines (pre-COVID) female incarceration trends.
New NJ Criminal Justice Data Law Could Spur Reforms Elsewhere
Lauren KlosinskiOn Nov. 9, Gov. Phil Murphy signed into law a bill calling on New Jersey Attorney General Gurbir S. Grewal to set up a program to collect and record data on defendants age 18 or older. The data collection and analysis are intended to provide a closer look at potential problems in the system and better equip lawmakers to tackle those issues.