Early Release from Prison Under The First Step Act ?
The First Step Act, passed last December, has as one of its main focuses the reduction of the current federal prison population. That reduction can be accomplished in a number of ways. Lets walk through 4 main ways to get early release from prison, under the First Step Act, for an inmate to obtain early…
The First Step Act Applies the Fair Sentencing Act Retroactively – What Does That Mean?
The First Step Act, passed last December, has several provisions in it that fix some errors of the past. The most prominent of which came from the initial choice by Congress, back in the 1980s, to impose different sentences for crack cocaine offenses compared to powder cocaine offenses. Specifically, back when the “war on drugs”…
First Step Act Summary: Common Questions Answered
It has been over eight months since the First Step Act of 2018 was enacted. I have consistently written about the First Step Act since it was adopted. But many people still have questions, and I have been repeatedly asked to provide a First Step Act summary. Fortunately, the Bureau of Prisons (“BOP”) finally released…
The First Step Act: Work in Progress
The First Step Act – the first meaningful criminal justice reform in many years – is already beginning to make a positive difference in the lives of federal inmates, their families, and their communities. Just last Friday, July 19, 2019, the United States Department of Justice issued a press release informing the public about three…
Sentencing for Juveniles: The Problem of the Juvenile Lifer
Are juvenile offenders constitutionally different from adult offenders? In dealing with the issue of sentencing for juveniles, the United States Supreme Court answered that question in the affirmative in two landmark decisions. In 2012, the Supreme Court decided Miller v. Alabama, which held that imposing a mandatory life without parole sentence for a juvenile offender…
Home Confinement | New BOP Policy Released | April 2019 Update
Home confinement for federal prisoners is about to expand with the release of the Federal Bureau of Prisons (“BOP”) new April 4, 2019, Operations Memorandum, Home Confinement Under the First Step Act. You can access a copy of the entire operations memorandum here: BOP Home Confinement Memorandum. We have previously reported about the BOP’s implementation of…
Breaking News: Internal BOP Elderly Offender Program Documents Obtained
Consistent with our commitment to hold decision-makers accountable, the Law Office of Brandon Sample has filed a number of FOIA requests with the BOP since the First Step Act became law. Just this week, our office obtained internal Federal Bureau of Prisons documents describing the implementation of the Elderly Offender Home Detention Program and how…
Firearm Laws Applied to Unlawful Aliens
The issue of which constitutional safeguards apply to unlawful aliens has been a topic of heated discussion in recent years as the immigration situation continues to dominate national headlines. Many federal courts have danced around issuing clear holdings that define which rights apply to illegal aliens. The Ninth Circuit Court of Appeals case U.S. v.…
What Are The 5 Sentencing Objectives That Justify Criminal Punishment?
We get hit, and we hit back. It is a primal instinctual reaction. It is a fundamental part of being human. Yet, what does that reaction signify? Most likely, we don’t think deeply about it. Indeed, in the moment, the reaction is sudden, immediate, and done without contemplation. Sentencing Objectives Built Into Our Instinct of…
Examining Racial Bias in Jury Selection
Although racial bias is prohibited in the jury selection process, many criminal defendants still find themselves having to challenge the government’s reasons for excluding potential jurors that are of the same race as the defendant. The jury selection process can be one of the most influential aspects of a criminal trial on the outcome, which…