Judges — Galsworthy Criminal Justice Reform Program

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individual defendant, and minimize the negative impact of minimum sentencing laws without inherently needing those laws repealed.

Posts in Sentencing

Timothy Heaphy: Prisons can’t improve until sentencing does

"It is essential that we address worsening prison conditions, as many current proposals do. Reentry programs in our jails and prisons pay for themselves in reduced recidivism. But for these prison reforms to have the desired impact, we also have to rethink who we are sending to prison in the first place. We have to decrease the current prison population as well as reduce the number of people entering our prisons. The way to do that is by simultaneously pursuing sentencing reform."

The Virginian-Pilot

September 2, 2018

SentencingPhillip ReevesSeptember 3, 2018The Virginian-Pilot

A non-political approach focused on what works is key to solving prison crisis

"I believe the formula for recidivism reduction is this: Incarcerate the right people for the right amount of time and provide them with the programming they need that specifically addresses the criminogenic factors that led to them committing a crime and, finally, provide the individualized reentry support to start them on a path to good citizenship."

The Hill

August 30, 2018

SentencingAnthony BradleySeptember 3, 2018The Hill

‘I don’t feel that I’m any safer’: Juror speaks out against 40-year sentence for drug dealer he helped convict

"The judge who sentenced Turner, T.S. Ellis III, called the punishment 'excessive' and 'wrong' at a June sentencing hearing. If he can’t change the sentence, 'why do we have a judge?' St. Louis asked. 'Let’s put that in his hands . . . but instead you heard the judge say his hands are tied, and that doesn’t seem right to me'."

Washington Post

July 26, 2018

Judges, SentencingAnthony BradleyJuly 28, 2018Washington Post, Sentencing, Juries

Punished for Crimes Not Proven

"Critics object that the use of “acquitted conduct” to justify longer sentences empowers prosecutors and judges to ignore the judgment of the jury, to base sentences on facts rebuffed by the citizens in the jury box. Those critics include one of Bell’s jurors and Court of Appeals Judge Brett Kavanaugh, the current nominee to the U.S. Supreme Court."

The Marshall Project

July 23, 2018

Sentencing, JudgesAnthony BradleyJuly 27, 2018The Marshall Project, Supreme Court

Innocent People Who Plead Guilty

"It’s a question of practicality. Whether the person is innocent or not, jury trials are always a crap shoot, with the verdict uncertain until rendered. If you’re offered probation pre-trial by pleading guilty but know a judge will give you jail if you lose trial, you might choose to say you did something that you didn’t do just to avoid jail. It would take the most stalwart belief in justice (and your attorney) to go forward when a guilty verdict has you serving a much tougher sentence."

Above the Law

July 23, 2018

Pre-trial Detention, SentencingAnthony BradleyJuly 27, 2018Above the Law

Risk Assessment Software: Biased and No Better Than Human Behavior Prediction

"Farid and Dressler found that giving untrained experts access to seven details about an individual produced a 67 percent accuracy rate. COMPAS, which uses 137 data points, has a 65 percent accuracy rate."

Criminal Legal News

July 20, 2018

Sentencing, Pre-trial DetentionAnthony BradleyJuly 27, 2018Criminal Legal News, Pre-trial

Louisiana Supreme Court: Jury May Not Speculate on Guilt When Evidence Is Lacking

"Jackson, however, does not allow jurors to “speculate” if the evidence was sufficient to support guilt beyond a reasonable doubt. When the prosecutor’s evidence merely invites the jury to speculate on a number of reasonable probabilities — some consistent with guilt, others with innocence — a jury must entertain a reasonable doubt of the defendant’s guilt, the Court said."

Criminal Legal News

July 20, 2018

SentencingAnthony BradleyJuly 27, 2018Criminal Legal News, Louisiana, Juries

New law gives judges more discretion when setting bail

"Until this most recent law was signed, judges were required to release people charged with many misdemeanors without cash bail. But that lack of judicial discretion raised concerns for police, prosecutors and, ultimately, the Legislature. It passed a new law, which Governor Bill Walker signed June 14 that said judges again can decide whether to require cash bail."

Alaska Public Media

July 4, 2018

Sentencing, JudgesAnthony BradleyJuly 27, 2018Alaska Public Media, Alaska, Bail, Sentencing

Just How Transparent Can a Criminal Justice Algorithm Be?

"Algorithms that make predictions about future behavior based on factors such as a person’s age and criminal history are increasingly used—and increasingly controversial—in criminal justice decision-making. One of the big objections to the use of such algorithms is that they sometimes operate out of the public’s view."

Slate

July 3, 2018

Sentencing, JudgesAnthony BradleyJuly 27, 2018Slate, Pennsylvania, Risk Assessment

For Justice and Decarceration, Enact Second-Look Sentencing

"Mass incarceration is not just about unnecessarily incarcerating masses of people. It is about unnecessarily keeping masses of people in prison for decades. A sentence once imposed is not thereby automatically rendered, just, fair and appropriate in perpetuity. Ultimately, second-look mechanisms are meant to recognize and value the possibility of change and transformation, and to intervene when drastically long sentences are indefensible."

Gotham Gazette

June 26, 2018

Judges, SentencingAnthony BradleyJuly 27, 2018Gotham Gazette, New York City, Second Look Sentencing

Georgia juries are left in the dark when it comes to punishment

"In Georgia, except in death penalty cases, are not supposed to know anything about the potential punishment facing the accused. And jurors are also instructed to completely disregard any notions about sentencing during their deliberations."

Atlanta Journal-Constitution

June 8, 2018

SentencingAnthony BradleyJuly 27, 2018Atlanta Journal Constitution, Georgia, Juries

Party Affiliation of Judges Can Determine Sentencing Length: Study

"The study found that Republican-appointed judges sentence black defendants three months longer than they do for non-blacks, and female defendants two months less than males, who committed similar offenses, compared to Democratic-appointed judges."

The Crime Report

May 31, 2018

Judges, SentencingAnthony BradleyJuly 27, 2018The Crime Report, Sentencing, Partisanship

NYC man set free from prison after judge rules 25 years behind bars is enough

"A New York City man walked free for the first time in decades after a federal judge ruled he'd done enough time for his crimes. By Thursday, Alexander Landor had served 25 years in state prison for an attempted murder conviction — and Brooklyn Federal Judge Sterling Johnson refused to mete out more jail time for the 'rehabilitated' man."

New York Daily News

May 24, 2018

Judges, SentencingAnthony BradleyJuly 27, 2018New York City, Sentencing

Law would give judges more sentencing discretion

"SB 1393, also known as the Fair and Just Sentencing Reform Act, reinstates judicial discretion in applying five-year sentence enhancements for prior serious felonies to cases involving a defendant charged with a serious felony."

Park Labrea News

May 24, 2018

Judges, SentencingAnthony BradleyJuly 27, 2018Park Labrea News, Sentencing, Oversight, California

Senate Passes #EquityAndJustice2018 Bill to Return Sentencing Discretion to Judges

"The California Senate today approved another moderate reform rooted in evidence-based policy and sensible cost-effective approaches to criminal justice. Specifically, Senate Bill 1393, the Fair and Just Sentencing Reform Act, would eliminate automatic penalties that have contributed to the state’s mass incarceration crisis and failed ‘tough on crime’ policies by returning discretion in sentencing of serious felonies to judges."

California State Senate

May 14, 2018

Judges, SentencingAnthony BradleyJuly 27, 2018Sentencing, Oversight, California State Senate