UNITED STATES V. BOOKER AS A NATURAL EXPERIMENT: USING EMPIRICAL RESEARCH TO INFORM THE FEDERAL SENTENCING POLICY DEBATE

2007 ◽  
Vol 6 (3) ◽  
pp. 433-460 ◽  
Author(s):  
PAUL J. HOFER
2011 ◽  
Vol 24 (2) ◽  
pp. 87-92
Author(s):  
Carissa Byrne Hessick

As a number of commentators and courts have noted, the Guideline sentences for possession of child pornography are quite harsh. A number of district courts have used their post-Booker discretion to impose below-Guideline sentences on those who possess child pornography. This short commentary explains how the state of federal sentencing after Booker is particularly hospitable to arguments for sentencing leniency for defendants convicted of possessing child pornography. One argument calls on a district court to use its sentencing policy discretion under Kimbrough v. United States to impose a lower sentence. Another argument rests on a distinct-facts-and-circumstances argument under Gall v. United States. Finally, on an appeal of a within-Guideline sentence, there is an argument that, drawing on the analysis in Rita v. United States, a presumption of reasonableness ought not apply to within-Guideline sentences for those who possess child pornography.


2020 ◽  
Vol 32 (3) ◽  
pp. 138-144
Author(s):  
Brian A. Jacobs

In federal criminal cases, federal law requires that judges consider the sentences other courts have imposed in factually similar matters. Courts and parties, however, face significant challenges in finding applicable sentencing precedents because judges do not typically issue written sentencing opinions, and transcripts of sentencings are not readily available in advanced searchable databases. At the same time, particularly since the Supreme Court’s 2005 decision in United States v. Booker, sentencing precedent has come to play a significant role in federal sentencing proceedings. By way of example, this article discusses recent cases involving defendants with gambling addictions, and recent cases involving college admissions or testing fraud. The article explores the ways the parties in those cases have used sentencing precedent in their advocacy, as well as the ways the courts involved have used sentencing precedent to justify their decisions. Given the important role of sentencing precedent in federal criminal cases, the article finally looks at ways in which the body of sentencing law could be made more readily available to parties and courts alike.


Author(s):  
Kelly Martin ◽  
Luana Nanu ◽  
Wi-Suk Kwon ◽  
David Martin

Purpose: To measure hospital visitors’ satisfaction with a rooftop atrium and its resultant impact on the visitors’ behavioral intentions toward the healing garden, the hospital, and overall satisfaction with the hospital. Background: There is a significant lack of empirical research that links the emotional and behavioral responses toward healing gardens and the hospitals providing them. Methods: A purposeful sample of 96 visitors to the healing garden in the rooftop atrium of a surgery building in a major hospital in the Southeastern United States completed a survey based on Roger Ulrich’s Theory of Supportive Gardens and the Stimulus, Organism, Response (S-O-R) paradigm. Results: Findings of this study suggest visitors’ experience with the healing garden can lead to overall satisfaction with the hospital and behavioral intentions toward the hospital. Visitors’ satisfaction with the healing garden significantly predicted their satisfaction with the hospital, their intend to revisit the hospital, and their intend to recommend it. Conclusions: This study demonstrates that a small healing garden can be a powerful enough space to impact visitors’ overall satisfaction with the hospital and their intentions regarding their future behavior toward the hospital, such as revisiting or recommending the hospital.


2015 ◽  
Vol 112 (22) ◽  
pp. 6943-6948 ◽  
Author(s):  
David S. Kirk

More than 600,000 prisoners are released from incarceration each year in the United States, and most end up residing in metropolitan areas, clustered within a select few neighborhoods. Likely consequences of this concentration of returning prisoners include higher rates of subsequent crime and recidivism. In fact, one-half of released prisoners return to prison within only 3 y of release. The routine exposure to criminogenic influences and criminal opportunities portends a bleak future for individuals who reside in neighborhoods with numerous other ex-prisoners. Through a natural experiment focused on post-Hurricane Katrina Louisiana, I examine a counterfactual scenario: If instead of concentrating ex-prisoners in geographic space, what would happen to recidivism rates if ex-prisoners were dispersed across space? Findings reveal that a decrease in the concentration of parolees in a neighborhood leads to a significant decrease in the reincarceration rate of former prisoners.


2016 ◽  
Vol 46 (1) ◽  
pp. 34-49
Author(s):  
Phyllis Bennis

This essay examines the discourse on Palestine/Israel in the 2016 U.S. presidential campaign, charting the impact of the Palestine rights movement on the domestic U.S. policy debate. Policy analyst, author, and long-time activist Phyllis Bennis notes the sea change within the Democratic Party evident in the unprecedented debate on the issue outside traditionally liberal Zionist boundaries. The final Democratic platform was as pro-Israel and anti-Palestinian as any in history, but the process of getting there was revolutionary in no small part, Bennis argues, due to the grassroots campaign of veteran U.S. senator Bernie Sanders. Bennis also discusses the Republican platform on Israel/Palestine, outlining the positions of the final three Republican contenders. Although she is clear about the current weakness of the broad antiwar movement in the United States, Bennis celebrates its Palestinian rights component and its focus on education and BDS to challenge the general public's “ignorance” on Israel/Palestine.


2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Xuan Wei ◽  
Gülcan Önel ◽  
Zhengfei Guan ◽  
Fritz Roka

AbstractThe policy debate surrounding the employment of immigrant workers in U.S. agriculture centers around the extent to which immigrant farmworkers adversely affect the economic opportunities of native farmworkers. To help answer this question, we propose a three-layer nested constant elasticity of substitution (CES) framework to investigate the substitutability among heterogeneous farmworker groups based on age, skill, and legal status utilizing National Agricultural Workers Survey (NAWS) data from 1989 through 2012. We use farmwork experience and type of task performed as alternative proxies for skill to disentangle the substitution effect between U.S. citizens, authorized immigrants, and unauthorized immigrant farmworkers. Results show that substitutability between the three legal status groups is small; neither authorized nor unauthorized immigrant farmworkers have a significant impact on the employment of native farmworkers.


2015 ◽  
Vol 30 (3) ◽  
pp. 551-570 ◽  
Author(s):  
Odeta Barbullushi

This article interrogates the mobilization of the Albanian national question in Albania in 2012. The two interrelated questions of the article are why the nationalist card is not used consistently and why it failed to trigger a policy debate, or lead to policy changes. The main argument of the article is that, more than a policy alternative, “national unification” is a discursive practice performing two functions: Externally, it signals sovereignty and subjectivity to the international community in Albania, primarily the European Union (EU) and the United States, and as such it is used for political leverage, particularly at critical moments. Internally, it aims at constructing national cohesion, while drawing identity lines between the main political parties. This is particularly the case in moments of political instability, juncture or pressure, as before elections. However, its limited ability to inform policy and mobilize political action results not only from the demobilizing power of international actors, for example, the EU and the United States, but also the dominant position that a specific discourse of “good Albanian nationalism” holds in the political debate in post-communist Albania.


2020 ◽  
Vol 33 (1-2) ◽  
pp. 1-2
Author(s):  
Douglas A. Berman

The remarkable events of 2020 have disrupted and altered all sorts of plans, and this issue of FSR covers some of the many varied criminal justice and sentencing echoes of the ongoing COVID-19 pandemic and urgent new calls for racial justice. The intense and dynamic topics that have come to define 2020 in the United States necessarily impact, and may even consume our thinking, about modern criminal justice systems generally and federal sentencing realities in particular. Included in this FSR issue are reports and data and commentary that predate spring shutdowns and summer protests and related developments; but these materials now carry distinctive meaning and even a new urgency in light of 2020 challenges. It is impossible to fully assess in short order the impact of massive societal changes on the federal sentencing system, but we are hopeful this FSR issue can provided added perspective to a rapidly changing world that still often seems hard to fully grasp.


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