PULL THE TRIGGER: United States v. Corner and Judicial Discretion in Drug Sentencing Under the First Step Act

2020 ◽  
Author(s):  
Derion Hall
Keyword(s):  
United States ◽  
Judicial Discretion ◽  
Drug Sentencing

Probability and Punishment

2015 ◽  
Vol 18 (2) ◽  
pp. 214-272
Author(s):  
Jacob Schuman
Keyword(s):  
United States ◽  
Decision Making ◽  
High Risk ◽  
Threshold Level ◽  
The United States ◽  
Sentencing Guidelines ◽  
District Courts ◽  
Case Based ◽  
Drug Sentencing

The United States Sentencing Guidelines place little emphasis on probability. Instead, the Guidelines recommend a sentence in each case based only on whether certain facts about the offender’s crime exceed a “threshold” level of likelihood. Guidelines sentences therefore fail to reflect the precise odds of each defendant’s wrongdoing, which makes them both inefficient and unfair. This model of decision making is particularly problematic in drug sentencing, where judges often impose lengthy sentences based on drug quantity calculations that carry a high risk of error. To address these problems, district courts should exercise their discretion, and policymakers should implement reforms that incorporate probability into punishment.

scholarly journals Good governance, political experiences, and public support for mandatory sentencing: Evidence from a progressive US state

2017 ◽  
Vol 21 (2) ◽  
pp. 141-161 ◽  
Author(s):  
Jody Sundt ◽  
Kathryn Schwaeble ◽  
Cullen C Merritt
Keyword(s):  
United States ◽  
Good Governance ◽  
Public Support ◽  
The United States ◽  
Judicial Discretion ◽  
The Public ◽  
Political Beliefs ◽  
Theoretical Predictions ◽  
Mandatory Sentencing ◽  
Roll Back

A shift in public mood and declining incarceration rates in the United States signal a potential change in the politics of punishment. This research considers whether the public continues to support mandatory sentencing. The study expands upon existing knowledge by testing theoretical predictions about how instrumentalism, political beliefs, and political participation affect public support for mandatory sentences. Drawing on a state-wide survey of 1569 adults from Oregon, the study found that belief in the effectiveness of prosecutors, judges, and prisons significantly influenced support for mandatory sentencing. Although 67% of those surveyed favored judicial discretion, a firm belief that “prisons work” may limit efforts to reduce incarceration and roll back mandatory sentences.

The Challenge of Imposing Just Sentences Under Mandatory Minimum Statutes: A Qualitative Study of Judicial Perceptions

2021 ◽  
pp. 088740342110305
Author(s):  
Esther Nir ◽  
Siyu Liu
Keyword(s):  
United States ◽  
Qualitative Study ◽  
Qualitative Interviews ◽  
Moral Dilemmas ◽  
The United States ◽  
Public Perceptions ◽  
Judicial Discretion ◽  
Mandatory Minimums ◽  
Alternatives To Incarceration ◽  
Appropriate Sentences

Mandatory minimums limit judicial discretion in many jurisdictions in the United States, often compelling judges to impose harsh incarcerative terms. Using qualitative interviews with 41 criminal term judges presiding in a state in the United States, we explore how mandatory minimums influence the judicial sentencing function. We find that judges vary in their approaches to sentencing and that their approaches correspond with their perceptions of mandatory minimum statutes. While our respondents consider case-level, systemic, and pragmatic factors, the majority of judges are focused on the case level and perceive that mandatory minimums often strip away the flexibility they need to craft appropriate sentences in individual cases, leading to punishments that are unduly harsh, and sometimes preventing the imposition of promising alternatives to incarceration. Some judges experience moral dilemmas and guilt feelings during this process. In contrast, judges who highlight pragmatic factors (e.g., public perceptions) are more receptive to statutory restrictions.

Statutory Sentencing Reform in Israel: Exploring the Sentencing Law of 2012

2013 ◽  
Vol 46 (3) ◽  
pp. 455-479 ◽  
Author(s):  
Julian V Roberts ◽  
Oren Gazal-Ayal
Keyword(s):  
United States ◽  
New Zealand ◽  
The United States ◽  
Judicial Discretion ◽  
England And Wales ◽  
Sentencing Reform ◽  
Novel Approach ◽  
Sentencing Reforms ◽  
The Law

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?

Application of a Simple Cold Stub to the Direct Observation of Frozen Hydrated Sand

1973 ◽  
Vol 31 ◽  
pp. 212-213
Author(s):  
John M. Wehrung ◽  
Richard J. Harniman
Keyword(s):  
United States ◽  
Surface Water ◽  
Direct Observation ◽  
Controlled Study ◽  
Clay Particles ◽  
Organic Debris ◽  
Rock Formations ◽  
Water Tables ◽  
Permeable Rock ◽  
Natural Means

Water tables in aquifer regions of the southwest United States are dropping off at a rate which is greater than can be replaced by natural means. It is estimated that by 1985 wells will run dry in this region unless adequate artificial recharging can be accomplished. Recharging with surface water is limited by the plugging of permeable rock formations underground by clay particles and organic debris.A controlled study was initiated in which sand grains were used as the rock formation and water with known clay concentrations as the recharge media. The plugging mechanism was investigated by direct observation in the SEM of frozen hydrated sand samples from selected depths.

Correlative microscopy in distrubuted (client/server) computing environments: tools for catalyzing the rapid dissemination of information about the cell biology of the human prostate

1995 ◽  
Vol 53 ◽  
pp. 682-683
Author(s):  
A. Hakam ◽  
J.T. Gau ◽  
M.L. Grove ◽  
B.A. Evans ◽  
M. Shuman ◽  
...  
Keyword(s):  
United States ◽  
Cell Biology ◽  
Tissue Bank ◽  
The United States ◽  
Prostate Adenocarcinoma ◽  
Correlative Microscopy ◽  
Client Server ◽  
Critical Elements ◽  
Transplant Organ

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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