News · Page 7 of 10
Federal Sentencing News Archive, Page 7
- Was Jeff Sessions Wrong About Federal Sentencing Reform?
Sessions warned that sentencing reform would put dangerous people back on the streets, but the data showed mandatory minimums were driving federal prison growth.
- Six Changes the Sentencing Reform and Corrections Act Proposed, and Which Became Law
Most of the bill's six big changes became law in the First Step Act of 2018. Its new mandatory minimums and national commission did not.
- First Step Act vs. Sentencing Reform and Corrections Act: The 2018 Debate
The fight ended in a compromise: the First Step Act that became law in December 2018 paired prison reform with several sentencing changes from the SRCA.
- What Happens at a Federal Sentencing Hearing?
At a federal sentencing hearing, the judge settles disputes over the presentence report, hears from both sides and the defendant, and announces the sentence.
- Did Releasing Crack Offenders Early Lead to More Crime? A 2018 Study Said No
No. People released early under the retroactive 2011 crack cocaine guideline cut reoffended at the same rate as people who served their full terms.
- The 2018 Bill to Lower Fentanyl Mandatory Minimums to 2 Grams
A 2018 Senate bill would have made 2 grams of fentanyl enough for a 5-year mandatory minimum; it never became law, but fentanyl penalties have changed since.
- First Step Act, August 2018: DOJ Opposed It, the White House Pushed a Deal
In August 2018, the Justice Department opposed the First Step Act, but the White House backed a Senate deal to add sentencing reform, and that deal later became law.
- Brett Kavanaugh's Record in Criminal Cases Before the Supreme Court
· Appeals
On the D.C. Circuit, Brett Kavanaugh criticized acquitted-conduct sentencing and pushed for proof of intent, though he was no strong voice for the Fourth Amendment.
- Why Do We Punish Crime? The Five Sentencing Philosophies
We punish crime for five main reasons: retribution, incapacitation, rehabilitation, deterrence, and restoration, and most people lean toward one or two of them.
- How the Federal Sentencing Guidelines Work, in Plain English
The Guidelines give the judge a suggested prison range in months; the judge must calculate it and consider it, but does not have to follow it.
- How Federal Sentencing Worksheets Calculate a Guidelines Range
Probation officers use four worksheets to score the offense and criminal record, then read the Guidelines range off the Sentencing Table.
- What Happens If You Reject a Plea Deal and Lose at Trial?
If you reject a plea deal and lose at trial, your sentence can be far longer than the deal you were offered, a gap often called the trial penalty.
- The First Step Act as First Proposed: What the May 2018 House Bill Said
Most of the May 2018 House bill became law, but the final First Step Act changed time credits, placement rules, and who is shut out of credits.
- What Is Sentence Bargaining, and Should You Take the Deal?
Sentence bargaining means pleading guilty in exchange for a lighter sentence, and whether it makes sense depends on what the charge itself will cost you.
- Why Rehabilitation Deserves a Bigger Place in Sentencing
For decades, U.S. sentencing has leaned on punishment and prison; it is time to give rehabilitation real weight again.
- Did Making the Sentencing Guidelines Advisory Worsen Racial Disparity?
It depends whom you ask: the Sentencing Commission found wider racial gaps after Booker, while federal defenders blamed mandatory minimums and charging choices.
- How the Federal Sentencing Guidelines Work, and Where They Came From
The federal sentencing guidelines give the judge a recommended prison range to start from, but since 2005 the judge does not have to follow it.
- Racial Bias in Sentencing: What the Numbers Show
Black Americans are imprisoned at about five times the rate of white Americans, and laws, hidden bias, and unequal conditions all play a part.
- Can a First-Time Federal Offender Avoid Prison?
Sometimes: federal law already favors non-prison sentences for many first offenders, and the guidelines have moved further that way since 2017.
- Why Similar Federal Crimes Can Get Very Different Sentences
Similar conduct can draw very different federal sentences, depending on the Guidelines, mandatory minimums, and how much room the judge has to decide.