One Perspective on Sentencing Reform in the United States

2003 ◽  
Author(s):  
Paul H. Robinson
2014 ◽  
Vol 26 (4) ◽  
pp. 258-262
Author(s):  
Todd Haugh

The United States Sentencing Commission has drawn much criticism over the years. Stakeholders have impugned the institutional structure of the Commission and the operation of the Guidelines, and they’ve even attacked the Commissioners themselves. While many of the criticisms are undoubtedly due, the current Commission has advanced a series of noteworthy reform initiatives aimed at reducing sentences. The most visible is the Commission’s recent proposed amendment that would lessen drug trafficking sentences across the board, but there are others. Because of the Commission’s efforts, which have led and capitalized on the reform movement, federal sentencing is on the cusp of becoming less punitive, less costly, and much less flawed than it has been in over a generation. In this essay, I briefly catalog the Commission’s recent efforts to reduce sentences, and explain how it has used nimble strategy to advance reform consistent with the agency’s values but also in a way most likely to succeed. I then offer some insights into why the Commission is now asserting itself more strongly as to sentencing reform than it has in the past, a welcome trend that I hope continues.


1991 ◽  
Vol 25 (3-4) ◽  
pp. 595-606 ◽  
Author(s):  
Marvin E. Frankel

Any system of justice purporting to be civilized must pursue two basic principles: (1) that people similarly circumstanced are to be treated equally under the law; (2) that people administering the law are not permitted to act arbitrarily or to prescribe individually the rules governing their actions and decisions. Both of these principles were persistently violated through well over half the twentieth century in the sentencing of people for crimes in the United States. The steady violations were produced by a combination of sentimental good intentions, puritanical severity and irrational misconceptions concerning the effects of punishment and the capacity of those commissioned to administer punishment. As the century wanes, the long course of error has been identified. This is a time of intensive sentencing reform. We are vexed now in a familiar way by doubts about the efficacy and the side effects of the reforms.


2013 ◽  
Vol 46 (3) ◽  
pp. 455-479 ◽  
Author(s):  
Julian V Roberts ◽  
Oren Gazal-Ayal

In 2012 the Knesset approved a new sentencing law. Israel thus became the latest jurisdiction to introduce statutory directions for courts to follow in sentencing. The approach of the United States to structuring judicial discretion often entails the use of a sentencing grid with presumptive sentencing ranges. In contrast, the Sentencing Act of Israel reflects a less prescriptive method: it provides guidance by words rather than numbers. Retributivism is clearly identified as the penal philosophy underpinning the new law, which takes a novel approach to promoting more proportionate sentencing. Courts are directed to construct an individualised proportionate sentencing range appropriate to the case in hand. Once this is established, the court then follows additional directions regarding factors and principles related to sentencing. Although other jurisdictions have placed the purposes and principles of sentencing on a statutory footing, this is the first such legislative declaration in Israel. The statute also contains a methodology to implement a proportional approach to sentencing as well as detailed guidance on sentencing factors. This article describes and explores the new Sentencing Act, making limited comparisons to sentencing reforms in other jurisdictions – principally England and Wales, New Zealand and the United States. In concluding, we speculate on the likely consequences of the law: will it achieve the goals of promoting more consistent and principled sentencing?


Author(s):  
A. Hakam ◽  
J.T. Gau ◽  
M.L. Grove ◽  
B.A. Evans ◽  
M. Shuman ◽  
...  

Prostate adenocarcinoma is the most common malignant tumor of men in the United States and is the third leading cause of death in men. Despite attempts at early detection, there will be 244,000 new cases and 44,000 deaths from the disease in the United States in 1995. Therapeutic progress against this disease is hindered by an incomplete understanding of prostate epithelial cell biology, the availability of human tissues for in vitro experimentation, slow dissemination of information between prostate cancer research teams and the increasing pressure to “ stretch” research dollars at the same time staff reductions are occurring.To meet these challenges, we have used the correlative microscopy (CM) and client/server (C/S) computing to increase productivity while decreasing costs. Critical elements of our program are as follows:1) Establishing the Western Pennsylvania Genitourinary (GU) Tissue Bank which includes >100 prostates from patients with prostate adenocarcinoma as well as >20 normal prostates from transplant organ donors.


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