Sentencing
Judge Wilson Denies the Justice Department's Motion to Dismiss a Police Excessive Force Conviction
Judge Wilson from the Central District of California rejects the Department's breathtakingly sweeping position that "what the Government says is the public interest in this courtroom."
Hunter Biden Walks Free While This Iowa Man Serves 4 Years for the Same 'Crime'
The contrast between the two cases illustrates the haphazard impact of an arbitrary, constitutionally dubious gun law.
Argentina's Former President Gets 6 Years and a Lifetime Political Ban
Cristina Fernández de Kirchner’s six-year prison sentence and lifetime political ban mark a historic victory for accountability—and a public eager to believe that no one is above the law.
Criminal Justice Reformers Should Welcome Pam Bondi's Gun Rights Restoration Initiative
Democratic critics of the new program overlook the injustice of permanently disarming Americans who pose no threat to public safety.
How Charlie Rangel Changed His Mind About the War on Drugs
The former congressman, who died this week, transformed from a zealous prohibitionist into a drug policy reformer.
6 Cases That Paved the Road to Mass Incarceration
In Justice Abandoned, a law professor argues that the Court got these key decisions wrong.
Not Guilty but Punished Anyway
Sentencing defendants based on acquitted conduct violates basic notions of justice.
Ninth Circuit Reverses Probation Sentence for Transgender Hacker
"Paige Thompson committed the second largest data breach in United States history at the time, causing tens of millions of dollars in damage and emotional and reputational harm to numerous individuals and entities."
North Dakota's 'Truth-in-Sentencing' Bill Could Cost More Than $250 Million
The bill would also create mandatory minimum jail sentences for fleeing the police.
A Small Minnesota County Pumps Out 40 Percent of the State's Drug-Free Zone Sentences
Local news reports detail how Polk County, Minnesota, charges drivers and petty offenders with drug-free zone violations like no other county in the state.
Biden and Trump Show Presidents How To Abuse Clemency
Biden’s preemptive pardons and Trump’s blanket relief for Capitol rioters both set dangerous precedents.
Trump's Blanket Clemency for Capitol Rioters Excuses Political Violence
The president drew no distinction between people who merely entered the building and people who vandalized it or assaulted police officers.
Why Trump Should Keep His Promise To Free Silk Road Founder Ross Ulbricht
A life sentence for facilitating peaceful transactions among consenting adults is hard to fathom, let alone justify.
Biden Has Now Issued Far More Commutations Than Any of His Predecessors
The president's record-shattering clemency actions help ameliorate the damage caused by the draconian drug policies he supported for most of his political career.
Trump's Latest Defeat Is One of Many Decisions That Suggest SCOTUS Won't Rubber-Stamp His Agenda
Despite some notable wins, the president-elect's overall track record shows he cannot count on a conservative Supreme Court to side with him.
Alvin Bragg's Misbegotten 'Election Interference' Case Against Trump Ends With a Whimper
Aside from a felony record that may yet be erased on appeal, the president-elect will face no punishment for trying to conceal his hush payment to Stormy Daniels.
Trump's January 6 Pardons Could Address Some Real Injustices
The president-elect makes valid points in highlighting potential abuses of prosecutorial power.
5 Years After Giving Birth, a Mississippi Mother Was Arrested for a Felony Based on a Postnatal Drug Test
Brandy Moore, who stopped using meth midway through her pregnancy, was charged with "aggravated domestic violence" because she decided not to have an abortion.
Biden Shouldn't Have Commuted the Sentence of a Judge in the 'Kids for Cash' Kickback Scandal
But that shouldn't detract from the many worthy people who received commutations after spending years on home confinement.
Biden Issues More Pardons and Commutations Under Pressure From Criminal Justice Groups
Biden commuted the sentences of roughly 1,500 federal offenders who had been serving the remainder of their sentences on home confinement after being released from prison during COVID-19.
Biden Failed To Deescalate the Drug War
Though he commuted some drug offenders' sentences, Biden never delivered on the rest of his drug reform promises.
The President Still Has Time To Show His Mercy Extends Beyond His Own Son
The draconian penalties that Hunter Biden escaped affect many people whose fathers cannot save them.
Matt Gaetz's Personality Irked His GOP Colleagues. There Are Better Reasons To Oppose His Nomination.
The nominee for attorney general passes the Trump loyalty test, but he lacks relevant experience and has repeatedly demonstrated poor judgment.
Arizonans Approve Life in Prison for Sex Trafficking a Minor
This isn't a policy that corrects for injustice but one that increases it.
Texas Appeals Court Overturns 'Shaken Baby' Conviction Ahead of Execution Date in Another Disputed Case
The court found scientific opinion about "shaken baby syndrome" has changed, and a man sentenced to 35 years in prison deserves a new trial.
Former Houston Drug Cop Gets 60 Years for His Deadly Lies
That amounts to a life sentence for Gerald Goines, who instigated the no-knock raid that killed Dennis Tuttle and Rhogena Nicholas by falsely accusing them of selling heroin.
A Day Care Worker Who Says She Was Documenting Diaper Rashes Got 126 Years for Taking 8 Photos
The Maryland Supreme Court deemed the evidence sufficient to convict the defendant on sexual abuse and child pornography charges.
America Criminalizes Too Much and Punishes Too Much
When those on parole or probation are included, one out of every 47 adults is under “some form of correctional supervision.”
Biden's Final Flip-Flop
The president's decision to drop out after insisting he never would continued a pattern established by a long career of politically convenient reversals.
40 Percent of Police Officers Convicted of Child Sex Abuse Don't Get Prison Time, Investigation Finds
An analysis by The Washington Post found that nearly 1,800 police officers were arrested for child sex abuse-related crimes between 2005 and 2022.
Hunter Biden's Gun Conviction Does Not Resolve a Constitutional Dispute That Pits Him Against His Father
The president's son, who faces up to 25 years in prison for conduct that violated no one's rights, can still challenge his prosecution on Second Amendment grounds.
Advocates Say the Justice Department Is Failing To Provide Relief to Women Who Were Abused in Prison
The Justice Department announced last year that it would expand a program to grant compassionate relief to federal inmates who've been sexually assaulted by staff.
Trump Decries Disproportionate Drug Penalties While Threatening Dealers With Death
The former and possibly future president hopes voters will overlook his incoherence.
Trump's Anti-Crime Agenda Contradicts His Criticism of Biden's Legislative Record
Since he favors aggressive drug law enforcement, severe penalties, and impunity for abusive police officers, he may have trouble persuading black voters that he is on their side.
Tennessee Gov. Bill Lee Quietly Kills Clemency Initiative for Drug-Free School Zone Offenders
Lee announced in 2021 that he was fast-tracking clemency petitions for inmates serving mandatory minimums that had since been repealed. Earlier this year, he scrapped the program with applications still pending.
U.S. Sentencing Commission Restricts Federal Judges' Ability To Use Acquitted Conduct at Sentencing
The little-known but outrageous practice allowed judges to enhance defendants' sentences using conduct a jury acquitted them of.
After 17 Years, Feds Stop Trying To Imprison a Licensed Medical Marijuana Provider
Charlie Lynch’s ordeal is a vivid reminder of a senseless prohibition policy that persists thanks to political inertia.
Louisiana Legislature Advances Bills To Roll Back Criminal Justice Reforms
Criminal justice advocates say the evidence doesn't back up Republicans' claims that Louisiana's landmark 2017 reforms are to blame for violent crime.
Sentencing Commission Again Proposes Restricting Judges' Use of Acquitted Conduct
Judges can sentence defendants for charges they were acquitted of by a jury, a practice that troubles criminal justice advocates, civil liberties groups, and several Supreme Court justices.
Hunter Biden's Multiplying Charges Exemplify a Profound Threat to Trial by Jury
Prosecutors have enormous power to coerce guilty pleas, which are the basis for nearly all convictions.
Two 15-Year Sentences Illustrate the Ugly Interaction of Drug and Gun Laws
The Supreme Court mulls how to apply a mandatory minimum for gun possession by people convicted of drug felonies.
Florida's Bloated Prison System Will Cost Billions To Maintain
Florida's mandatory minimum sentences created a large, elderly prison population. Now the bill is coming due.
Prosecutors of 6-Year-Old Shooter's Mother Claim Gun-Owning Pot Users Are 'Inherently Dangerous'
Deja Taylor is going to federal prison because of a constitutionally dubious gun law that millions of cannabis consumers are violating right now.
Do Victim Impact Statements Help Promote Justice?
My new co-authored article reviews 168 victim impact statements from the Larry Nassar sentencing hearing and concludes that these statements show a victim voice at sentencing can improve justice.
New Jersey Police Have Waited Almost 2 Years To Expunge a Man's Criminal Record, Lawsuit Claims
Individuals are waiting months to have their criminal records expunged after court orders, according to a new lawsuit.
Prosecutors Appeal Proud Boys' Prison Sentences Over January 6 Riot
Prosecutors asked for longer prison sentences at trial and now seem to be trying again.
Hunter Biden's Multiplying Gun Charges Threaten the Right to Arms and the Right to Trial
The collapse of his plea deal set up a clash with his father, who doggedly defends the firearm regulations his son violated.
