Articles · Page 3 of 5
Sentencing Article Archive, Page 3
Articles filed under Sentencing, newest first.
- 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.
- 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.
- 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.
- How to Choose a Lawyer for Federal Sentencing: 5 Tips
A sentencing advocate shows the judge who you really are before the sentence is set, so look for someone who cares, knows federal sentencing, and is realistic.
- Should Anyone 21 or Younger Face the Death Penalty? The ABA Says No
In February 2018, the American Bar Association urged every U.S. jurisdiction to stop sentencing people to death for crimes committed at age 21 or younger.
- Sentencing Reform and Federal Prison News: January 2018
In January 2018, several reform bills were pending in Congress and the Sentencing Commission was weighing new amendments; the First Step Act passed that December.
- Who Got Clemency Under Obama's 2014 Initiative? What the Data Shows
A 2017 Sentencing Commission report found that only 86 of 1,696 people granted commutations under the 2014 initiative appeared to meet every announced factor.
- Does a Texas Burglary Conviction Count Under the ACCA?
Yes. After two Supreme Court rulings, the full Fifth Circuit held in 2019 that Texas burglary is generic burglary and counts toward the ACCA's 15-year minimum.