Criminal

July 15, 2020

I just saw that the folks at Data for Progress, The Justice Collaborative Institute, and Fair and Just Prosecution have produced this notable new report titled “A Majority of Voters Support an End to Extreme Sentencing for Children,” on which the CFSY was consulted and offered support. The report discusses findings from two national polls indicating much of the public supports significant reform in juvenile sentencing and punishment. Here is part of its executive summary:…

Sentencing Law and Policy

"Reforming Federal Sentencing: A Call for Equality-Infused Menschlichkeit"

By Douglas Berman

July 15, 2020

The title of this post is the title of this notable new paper authored by Nora V. Demleitner now available via SSRN. Here is its abstract: This piece, which serves as an Introduction to the Symposium Issue of the Washington and Lee Journal of Civil Rights and Social Justice, addresses both questions of pedagogy and federal sentencing. It starts by highlighting the value of a symposium on federal sentencing as a teaching, research, and advocacy…

Sentencing Law and Policy

An ever-timely offer for compassionate release help from one who was recently released

By Douglas Berman

July 15, 2020

I suspect a number of readers know the name Chad Marks, perhaps from these prior recent posts about his case: Federal judge pens extraordinary and compelling order requesting US Attorney to vacate old stacked 924(c) conviction in extraordinary and compelling case (from March 2019) Chad Marks, high-profile “prison lawyer” subject to extreme stacked 924(c) term, gets his sentence reduced from 40 to 20 years via § 3582(c)(1)(A) (from April 2020) As the second of this…

Grand Jury Target

The Simple Joy of a Puzzle

By Sara Kropf

July 15, 2020

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By Sara Kropf It’s July 2020. One day we’ll look back at this time with some perspective. We’ll tally with certainty how many people died from a pandemic that could undoubtedly been stopped sooner. We’ll evaluate whether the Black Lives Matters protests led to meaningful police reform. We’ll know if the voters made big changes in the November elections. For now, though, we’re in the thick of it. It’s a stressful time for everyone. I’ve…

Sentencing Law and Policy

DC District Judge blocks today's scheduled federal execution based on <em>Ford</em> claim of incompetency

By Douglas Berman

July 15, 2020

As detailed in this new AP piece, this morning a DC District Judge “halted the execution of a man said to be suffering from dementia, who had been set to die by lethal injection in the federal government’s second execution after a 17-year hiatus.” Here is more: Wesley Ira Purkey, convicted of a gruesome 1998 kidnapping and killing, was scheduled for execution Wednesday at the U.S. Penitentiary in Terre Haute, Indiana, where Daniel Lewis…

Simple Justice

A Discouraging Word

By Scott Greenfield

July 15, 2020

It’s unlikely that there was any sort of backroom coordination happening, so when Andrew Sullivan twitted that this would be his last week at New York Magazine, it had more of an impact than it would otherwise. Then again, his editor’s attempt to explain his departure said more, and less, than a mouthful. I believe there is a way to write from a conservative perspective about some of the most politically charged subjects of American…

Simple Justice

Short Take: Museum of the Dark Arts

By Scott Greenfield

July 15, 2020

In contrast to the screams that the Harper’s Letter was signed by famous wealthy celebrities trying to protect their terf from the voices of the oppressed and marginalize, there is the barely audible whimpering of Gary Garrels. Who? Gary Garrels. You know, that fabulously wealthy celebrity who . . . oh wait. He’s nobody you would know unless you happen to be in the bowels of the art world. Until last week, Gary Garrels…

Birdsong's Law Blog

Weird Criminal Law Stories # 629: Grenade Launcher…

By Leonard Birdsong

July 15, 2020

PENNSYLVANIA: You can’t bring that thing on a plane! A passenger – identified only as being from St. Augustine, Florida – set off alarms in early March 2019, trying to fly from Allentown to Orlando. When stopped, the man said he thought that his unassembled grenade launcher would be legal if he had it in his checked suitcase and wasn’t in his carry on. Nope – No grenade launchers anywhere on a plane. CANADA: JOKER?…

Sentencing Law and Policy

Highlighting the link between crime and criminal justice reform efforts

By Douglas Berman

July 14, 2020

Charles Lane has this new Washington Post commentary that serves as a reminder of the reality that criminal justice reformers always need to keep an eye on crime trends. The headline captures the pieces themes: “The declining violent crime rate has been a win for criminal justice reform. A reversal would be a loss.” Here are excerpts: Since 1994, Americans have grown less hawkish on law enforcement: Support for “tough” measures — such as the…

Does Crime Pay?

Both Whistleblowing and Whistleblower Awards are on the Rise

By David Wilson & Ben Sandlin

July 14, 2020

Whether attributable to the pandemic effect of remote work, layoffs and furloughs, or the slew of recent substantial awards, the SEC’s whistleblower tip line is lighting up with greater frequency. Companies are understandably focused on the panoply of challenges to their businesses posed by the pandemic and its economic impacts, but they ignore heightened whistleblower risks at their peril. Since April 1 of this year, the SEC has announced five large awards in rapid-fire succession…