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…Continue Reading Sentencing for Juveniles: The Problem of the Juvenile Lifer
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…Continue Reading What Are The 5 Sentencing Objectives That Justify Criminal Punishment?
If a defendant is charged with a crime, the government may also bring a criminal forfeiture action to collect the property used in the criminal activity. When the defendant’s actual property is not available, the government can obtain an order for the value of the property instead. The Ninth Circuit Court of Appeals tackled the…Continue Reading Criminal Forfeiture and Substitute Property
Fines and asset forfeiture are common elements of sentencing in cases involving theft or fraud. The government can seize a defendant’s assets that are alleged to have been involved in his criminal activities. However, the court may order that assets be turned back over to the defendant at sentencing. One of the ways that defendants…Continue Reading Eighth Amendment's Prohibition on Excessive Fines
If a criminal defendant is at the point of already being convicted and sentenced to prison time for a federal offense, then a sentence reduction is a positive development. But what happens if the district court disagrees with an appellate court order for a sentence reduction based on the unreasonableness of the original sentence? The…Read More Sentence Reduction: Adopting the Letter, Not the Spirit of the Law
According to the Mandatory Victims Restitution Act (MVRA), defendants convicted of crimes in federal court are required to pay their victims criminal restitution for the losses that they suffered. The case of Lagos v. United States involved an issue of interpretation over the act’s language regarding what types of losses would be eligible for restitution.…Continue Reading Supreme Court Narrows Federal Criminal Restitution