Sentencing Law and Policy

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ABA adopts resolution urging jurisdictions to repeal all felon disenfranchisement laws

August 14, 2020

I was pleased to see news of the American Bar Association passing a resolution calling for the repeal laws that disenfranchise persons based upon criminal conviction. The full resolution is bold and broad and reads as follows: RESOLVED, That the American Bar Association urges federal, state, local, territorial, and tribal governments to: a. repeal laws that disenfranchise persons based upon criminal conviction; b. restore voting rights to those currently and formerly incarcerated, including…

Sentencing Law and Policy

"'Con Air' Is Spreading COVID-19 All Over the US Prison System"

By Douglas Berman

August 13, 2020

The title of this post is the title of this notable new article from VICE News and The Marshall Project. Here is an excerpt: The U.S. Marshals Service is responsible for moving people into, out of, and among far-flung federal prisons, handling most long-distance transfers and newly sentenced prisoners. It doesn’t put people in quarantine or give them virus tests before transporting them around the country. As a result, federal prisoners in Marshals custody are…

Sentencing Law and Policy

"Making Sense of Risk"

By Douglas Berman

August 13, 2020

The title of this post is the title of this new paper authored by Cecelia Klingele recently posted to SSRN. Here is its abstract: Although actuarial risk prediction tools are widely used in the American criminal justice system, the lawyers, judges, and correctional workers who consult these products in making decisions often misunderstand fundamental aspects of how they work and what information they provide. This article suggests that the best way to ensure risk assessment…

Sentencing Law and Policy

Prez Trump finally announces full slate of (unlikely to be confirmed?) new nominees for the US Sentencing Commission

By Douglas Berman

August 13, 2020

As many readers may know, the US Sentencing Commission has lacked a full slate of Commissioners for the entirety of Trump Administration. With only two (of seven) Commissioners in place since the start of 2019, the USSC has lacked a quorum and thus cannot complete any formal work (including a lot of work that should and needs to be done in response the the FIRST STEP Act). Part of the problem, as I have covered …

Sentencing Law and Policy

Latest disconcerting COVID data concerning incarcerated people and corrections staff

By Douglas Berman

August 12, 2020

The CSG Justice Center has this new and disheartening data update under the heading “New COVID-19 Cases in State Prisons Surge in July.” Here are the highlights (really lowlights) from the brief report: As states grapple with the coronavirus pandemic, they are adopting different responses and seeing different outcomes. This has led to peaks and valleys in the number of new cases in each state since early April. Cases inside state prison systems tell a…

Sentencing Law and Policy

"Blanket Exclusions, Animus, and the False Policies They Promote"

By Douglas Berman

August 12, 2020

The title of this post is the title of this new paper authored by Catherine Carpenter now available via SSRN. Here is its abstract: Saying something is true does not make it so. A nd saying it louder does not make it truer. But such is the legislative posture behind modern day sex offense registration laws that punish those who commit sex crimes because of entrenched myths that overstate the laws’ positive impact on public…

Sentencing Law and Policy

Am I crazy to think Joe Biden's pick of Senator Kamala Harris for his running mate bodes well for federal criminal justice reform?

By Douglas Berman

August 11, 2020

As reported in this AP piece, headlined “Biden selects California Sen. Kamala Harris as running mate,” Joe Biden has finally made his VP choice. And, perhaps unsurprisingly, my Twitter feed is already chock full of criminal justice reform advocates lamenting various aspects of Senator Harris’s criminal justice reform record. Though I understand the basis for these criticisms, I have been rooting for Harris to get the nod because I think she may have the…

Sentencing Law and Policy

"Prosecutors' Vital Role in Reforming Criminal Justice"

By Douglas Berman

August 11, 2020

The title of this post is the headline of this recent Governing commentary authored by Lucy Lang. Here are excerpts: The nation’s criminal-justice system is at a pivotal moment. With rising public revulsion at the brutality inflicted on Black Americans by law enforcement, racial-justice groups have brought conversations around racial disparities and the justice system into the mainstream. Prosecutors have played a historic role in exacerbating these racial disparities, and they have an equally vital …

Sentencing Law and Policy

Can someone send Prez candidate Kanye West the <em>Booker</em> ruling making the federal sentencing guidelines advisory?

By Douglas Berman

August 11, 2020

The question in the title of this post is part of my reaction to seeing the criminal justice items appearing on this quirky 10-point platform coming from quirky presidential candidate Kanye West. Though I am inclined to dismiss West’s candidacy as a stunt, i believe he will be appearing on some state ballots. And so here are two of his platform points addressing criminal justice concerns: 5. Reform the legal system to provide true justice,…

Sentencing Law and Policy

"Millennial Futures Are Bleak. Incarceration Is to Blame."

By Douglas Berman

August 11, 2020

The title of this post is the headline of this interesting Atlantic commentary authored by Jill Filipovic. Here is how it starts: The oldest Millennials turn 40 this year, and their prospects are not looking much brighter than when they were recession-battered 20-somethings. Millennials, born from 1980 to 1996, are the best-educated generation in American history, and the most indebted for it. They are the largest adult generation, at 22 percent of the U.S. population,…

Sentencing Law and Policy

Blog Authors

ABA adopts resolution urging jurisdictions to repeal all felon disenfranchisement laws

"'Con Air' Is Spreading COVID-19 All Over the US Prison System"

"Making Sense of Risk"

Prez Trump finally announces full slate of (unlikely to be confirmed?) new nominees for the US Sentencing Commission

Latest disconcerting COVID data concerning incarcerated people and corrections staff

"Blanket Exclusions, Animus, and the False Policies They Promote"

Am I crazy to think Joe Biden's pick of Senator Kamala Harris for his running mate bodes well for federal criminal justice reform?

"Prosecutors' Vital Role in Reforming Criminal Justice"

Can someone send Prez candidate Kanye West the <em>Booker</em> ruling making the federal sentencing guidelines advisory?

"Millennial Futures Are Bleak. Incarceration Is to Blame."

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