Mandatory Minimum Sentencing

Mandatory Minimum Sentencing

Author: Margaret Haerens

Publisher: Greenhaven Publishing

Published: 2010

Total Pages: 250

ISBN-13:

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Offers opposing viewpoints on mandatory minimum sentencing to give the reader both sides of the legal debate.


Federal Mandatory Minimum Sentencing Statutes

Federal Mandatory Minimum Sentencing Statutes

Author: Charles Doyle

Publisher:

Published: 2013

Total Pages:

ISBN-13:

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This report discusses the federal mandatory minimum sentencing statutes, that limits the discretion of a sentencing court to impose a sentence that does not include a term of imprisonment or the death penalty. The United States Sentencing Commission's Mandatory Minimum Penalties in the Federal Criminal Justice System (2011) recommends consideration of amendments to several of the statutes under which federal mandatory minimum sentences are most often imposed.


Federal Sentencing the Basics

Federal Sentencing the Basics

Author: United States Sentencing Commission

Publisher:

Published: 2019-08-27

Total Pages: 56

ISBN-13: 9781688991422

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This paper provides an overview of the federal sentencing system. For historicalcontext, it first briefly discusses the evolution of federal sentencing during the past fourdecades, including the landmark passage of the Sentencing Reform Act of 1984 (SRA),1 inwhich Congress established a new federal sentencing system based primarily on sentencingguidelines, as well as key Supreme Court decisions concerning the guidelines. It thendescribes the nature of federal sentences today and the process by which such sentencesare imposed. The final parts of this paper address appellate review of sentences; therevocation of offenders' terms of probation and supervised release; the process whereby theUnited States Sentencing Commission (the Commission) amends the guidelines; and theCommission's collection and analysis of sentencing data.


The Failed Promise of Sentencing Reform

The Failed Promise of Sentencing Reform

Author: Michael O'Hear

Publisher: Bloomsbury Publishing USA

Published: 2017-03-20

Total Pages: 291

ISBN-13: 1440840881

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Despite 15 years of reform efforts, the incarceration rate in the United States remains unprecedentedly high. This book provides the first comprehensive survey of these reforms and explains why they have proven to be ineffective. After many decades of stability, the imprisonment rate in the United States quintupled between 1973 and 2003. Since then, nearly all states have adopted multiple reforms intended to reduce imprisonment, but the U.S. imprisonment rate has only decreased by a paltry 2 percent. Why have American sentencing reforms since 2000 been largely ineffective? Are tough mandatory minimum sentences for nonviolent drug offenders the primary reason our prisons are always full? This book offers a fascinating assessment of the wave of sentencing reforms adopted by dozens of states as well as changes at the federal level since 2000, identifying common themes among seemingly disparate changes in sentencing policy and highlighting recent reform efforts that have been more successful and may point the way forward for the nation as a whole. In The Failed Promise of Sentencing Reform, Michael O'Hear exposes the myths that American prison sentencing reforms enacted in the 21st century have failed to have the expected effect because U.S. prisons are filled to capacity with nonviolent drug offenders as a result of the "war on drugs" or because of new laws that took away the discretion of judges and corrections officials. O'Hear then makes a convincing case for the real reasons sentencing reforms have come up short: because they exclude violent and sexual offenders, and because they rely on the discretion of officials who still have every incentive to be highly risk-averse. He also highlights how overlooking the well-being of offenders and their families in our consideration of sentencing reform has undermined efforts to effect real change.