Regulatory Review — Judges — Galsworthy Criminal Justice Reform Program

Judges

Defendants are regularly condemned to years, decades, or life in prison for minor infractions because of minimum sentencing statutes. If judges had more discretion in sentencing, then sentences could be more proportional to the crime, more specific to the individual defendant, and minimize the negative impact of minimum sentencing laws without inherently needing those laws repealed.

Jennings v. Rodriguez in an Era of Mass Incarceration of Non-Citizens

"The Jennings Court overturned the U.S. Court of Appeals for the Ninth Circuit’s requirement that individuals subject to mandatory detention provisions of the Immigration and Nationality Act be provided with initial and then periodic bond hearings ascertaining the appropriateness of continued detention with the possibility of release pending judicial proceedings. The Court’s decision in the case leaves open the question of whether the United States can subject the thousands of individuals awaiting a final judicial decision on their applications for immigration relief to prolonged civil detention."

The Regulatory Review

July 23, 2018

JudgesAnthony BradleyJuly 27, 2018Regulatory Review, Mass Incarceration, Jennings v Rodriguez, Supreme Court

Judges

Galsworthy CJR Program

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