In writing Prisoners of Politics: Breaking the Cycle of Mass Incarceration, Rachel Barkow, Segal Family Professor of Regulatory Law and Policy, says she hopes to inspire a model of criminal justice reform based on evidence and data, overseen by institutions structured to provide accountability.
The Model Penal Code: Sentencing (MPC) is not specifically designed or intended to influence sentencing in the federal system, although the MPC itself often reflects the influence of federal law. In one recent case, the influence of one upon the other appears mutual: an MPC provision modeled on a federal statute authorizing reduction of prison sentences may have been at least indirectly responsible for changing its federal model. The change at issue, discussed below, reinforces the fundamental tenet of the MPC that courts should have primary responsibility for determining sentences, as opposed to legislatures or corrections officials.
First Thoughts About ‘Second Look’ and Other Sentence Reduction Provisions of the Model Penal Code: Sentencing RevisionMargaret Love and Cecelia M. Klingele
The financial cost of mass incarceration has prompted states to pass legislation providing for early release of prisoners. Although early release laws are frequently in tension with principles underlying sentencing systems, most have been passed without any discussion of how they might be justified in theory.
Below is the Black Letter from the Proposed Final Draft of Model Penal Code: Sentencing, which was approved at the 2017 Annual Meeting. The project Reporters are now preparing the Institute’s official text for publication. The Reporters are authorized to correct and update citations and other references, to make editorial and stylistic improvements, and to implement any remaining substantive changes agreed to during discussion with the membership or by motions approved at the Annual Meetings. When published the Sections are being reorganized, Section 305.6 will become Section 11.02, and it will appear in an Appendix titled, “Principles for Legislations.”
Common Law is a new podcast sponsored by UVA School of Law and hosted by Dean Risa Goluboff and Vice Dean Leslie Kendrick. In Episode One, best-selling author John Grisham and Deirdre Enright of the UVA Innocence Project discuss the many reasons for wrongful convictions, the future of criminal law, and delve into specifics of some the cases they’ve shined a light on.
The death penalty in the United States, both new convictions and executions, has declined through recent decades. In this episode of Reasonably Speaking, we explore the history of the death penalty and the various factors that are contributing to this decline.
In a story from The Take Away, a podcast supported by New York Public Radio, Alexandra Natapoff of the UC Irvine School of Law discusses the position she presents in her new book Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes American More Unequal.
Recent Slate article by Brandon L. Garrett discusses the implementation of The First Step Act, the federal prison reform bill recently signed into law by President Donald Trump.
As the year comes to a close, it is undeniably true that criminal justice reform is in the air. The federal First Step Act, even with critics on the left and right, heralds a less punitive approach than the “get tough on crime” policies of the past several decades. Recent elections yielded a number of prosecutors swept into office on platforms focused on confronting racial disparities and rethinking approaches to low-level offenses.
Over the last two decades, the juvenile justice system has been celebrated for driving a decline in the use of confinement as lawmakers and practitioners changed policies and practices to move away from costly and ineffective use of secure facilities. This has resulted in a halving of the confined population and historic declines in youth crime rates. All of which are rightfully considered a success story.