I will now likely use the long weekend (which I am about to start by going off - line for a while) to reflect on the current
federal sentencing reform «big picture» circa mid-2016.
For the time being, the prospects of any congressional
federal sentencing reform rests primarily in the hands of Senate Leader Mitch McConnell and Prez Donald Trump.
It's too soon to tell what Jones» election means for
federal sentencing reform.
The final section offers eight specific suggestions for
federal sentencing reform.
But this latest speech also indirectly addresses the latest bipartisan talk of
federal sentencing reform and covers some other new ground.
Listed below are links to weblogs that reference Using the border agent case as a catalyst for
federal sentencing reform:
This year would seem to present a new opportunity for needed bipartisan
federal sentencing reform.
Rather than bemoan reactions to the border agent cases, I want to issue a challenge to leaders in Congress: Will anyone in the House or Senate have the courage to use the border agent case as an opportunity to discuss and move forward with needed
federal sentencing reforms?
Many people for sensible reasons think the fate of
federal sentencing reforms now will turn on who is the next occupant in the Oval Office and who controls the Senate.
But I really believe that if Oklahoma voters end up significantly supporting sentencing reform in their state (especially if Trump wins in OK by, say, a 55/40 vote but then sentencing reform is supported by a 60/40 vote), we all can and should become a lot more optimistic about even
federal sentencing reforms over the next decade no matter who is in control in DC.
Those realities likely mean that the new Senate 51 - 49 math and the new voice of Senator - elect Jones will not in any major way directly impact the prospects for congressional
federal sentencing reforms in the months ahead.
Not exact matches
End Illegal Immigration Act Fully - funds the construction of a wall on our southern border with the full understanding that the country Mexico will be reimbursing the United States for the full cost of such wall; establishes a 2 - year mandatory minimum
federal prison
sentence for illegally re-entering the U.S. after a previous deportation, and a 5 - year mandatory minimum for illegally re-entering for those with felony convictions, multiple misdemeanor convictions or two or more prior deportations; also
reforms visa rules to enhance penalties for overstaying and to ensure open jobs are offered to American workers first.
In what will had more grist for the mill when it comes to Gov. Andrew Cuomo's call for ethics
reform in the state Legislature, Leibell was
sentenced to 21 months in
federal prison for his role in a bribery and kickback scheme.
Ethics
reform also remains unresolved, in a year when both former leaders of the legislature were
sentenced to prison for corruption, and state and
federal prosecutors are looking at Governor Cuomo's economic development projects.
Ethics
reform is being discussed, but in a year where both former leaders of the legislature have been
sentenced to prison, and there's on going state and
federal investigations of the governor's economic development programs, it's unclear what will ultimately be agreed upon.
Lawmakers had more trouble getting agreements on ethics
reforms, in a year that's seen the two former legislative leaders
sentenced to prison and state and
federal probes of Governor Cuomo's economic development programs.
Also, ethics
reform remains unresolved, in a year when both former leaders of the legislature have been
sentenced to prison for corruption, and state and
federal prosecutors are looking at Gov. Andrew Cuomo's economic development projects.
A lot of worrisome «smaller»
federal sentencing issues that could benefit most from congressional oversight and legislative
reform — the application of the Armed Career Criminal Act, child porn victim restitution awards, fast - track departures, the persistent growth of the
federal criminal docket — did not even get mentioned.
Notably, in an effort to cover all her bases, Judge Robinson did close her McBride opinion by stating: «And, if the
federal sentencing guidelines were declared facially invalid, in imposing a
sentence under the indeterminate regime predating the Sentence Reform Act, this Court would impose the very sentence it imposes now
sentence under the indeterminate regime predating the
Sentence Reform Act, this Court would impose the very sentence it imposes now
Sentence Reform Act, this Court would impose the very
sentence it imposes now
sentence it imposes now.»
This issue (Volume 18, No. 5) is entitled «Toward Real
Reform: The Constitution Project Recommendations; Model
Federal Sentencing Guidelines.»
Because
sentencing reform in the form of the SRCA (or anything better) seems unlikely to move until there is a new President and / or Attorney General, criticizing efforts to move forward with just prison
reform strikes me as tantamount to resigning oneself to the
federal sentencing and corrections status quo until at least 2021.
November 1, 2017 in Aspects and impact of
Sentencing Reform and Corrections Act, Drug Offense Sentencing, Federal Sentencing Guidelines, Mandatory minimum sentencing statutes, Procedure and Proof at Sentencing, Scope of Imprisonment, Sentences Reconsidered, Who
Sentencing Reform and Corrections Act, Drug Offense
Sentencing, Federal Sentencing Guidelines, Mandatory minimum sentencing statutes, Procedure and Proof at Sentencing, Scope of Imprisonment, Sentences Reconsidered, Who
Sentencing,
Federal Sentencing Guidelines, Mandatory minimum sentencing statutes, Procedure and Proof at Sentencing, Scope of Imprisonment, Sentences Reconsidered, Who
Sentencing Guidelines, Mandatory minimum
sentencing statutes, Procedure and Proof at Sentencing, Scope of Imprisonment, Sentences Reconsidered, Who
sentencing statutes, Procedure and Proof at
Sentencing, Scope of Imprisonment, Sentences Reconsidered, Who
Sentencing, Scope of Imprisonment,
Sentences Reconsidered, Who
Sentences?
In 2015, Senator Chuck Grassley introduced a long awaited bi-partisan criminal justice
reform bill designed to address inequities in
federal sentencing and promote rehabilitation and re-entry for persons who are incarcerated.
H.R. 4261, the Safe, Accountable, Fair, and Effective (SAFE) Justice Act takes a broad - based approach to improving the
federal sentencing and corrections system, spanning from
sentencing reform to release policies.
We offer this Issue in the hope that Congress will look seriously at revising the
federal system in light of Blakely and Booker and that, in the spirit of the SRA, Congress will want to draw on contemporary expertise and the evolving «intellectual history» of
sentencing knowledge in further
reforming the
federal sentencing system.
As regular readers know, Attorney General Sessions has made much of rising crime rates in his criticisms of Obama era criminal justice
reforms and in his defense of his recent decision to toughen
federal prosecutorial charging and
sentencing practices.
Why it matters: Democrats scored several wins on this version of the bill, but it still might not be enough to secure approval without
reforms to
federal sentencing guidelines.
April 19, 2018 in Aspects and impact of
Sentencing Reform and Corrections Act,
Federal Sentencing Guidelines, Prisons and prisoners, Reentry and community supervision, Who
Sentences?
While comprehensive
reforms to lower
federal mandatory minimum
sentences remain aspirational, there are other policies on which the right and left agree that could have as much, if not more, impact in reducing the nation's incarcerated population while maintaining public safety.
I also think this news provides an approrpriate opportunity to begin a series of commentary posts about criminal justice
reform during the Obama era, which I will be calling «Missed Opportunities: The Failure of Prez Obama to bring real Hope and Change to
Federal Sentencing.»