Guiding Presidential Clemency Decision Making
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Discretionary Sentencing in Military Commissions: Why and How the Sentencing Guidelines in the Military Commissions Act Should Be Changed*
WOLENSKY 10/15/2009 6:43 PM Discretionary Sentencing in Military Commissions: Why and How the Sentencing Guidelines in the Military Commissions Act Should be Changed* Brian Wolensky** INTRODUCTION In 2001, during the early days of the “War on Terror,” United States officials captured Salim Ahmed Hamdan, the personal driver and bodyguard of Osama Bin Laden, while he was transporting weapons across the Afghani border.1 From 2002 until his trial in 2008, Hamdan was classified as an enemy combatant2 pursuant to the Geneva Convention3 and detained at * This article was initially written and published when the state of military commissions were in flux. It reflects the events regarding military commissions up to and through April 2009. However, an important decision was made by President Obama in May of 2009. See William Glaberson, Obama Considers Allowing Please by 9/11 Suspects, N. Y. TIMES, June 6, 2009, at A1, A12. Obama decided to continue the use of military commissions under a new set of rules which provide more protections for detainees. Id. Due to the timing of publication, this decision is not incorporated in this article. Although Obama has decided to continue the military commissions, he has not finalized a set of rules. Id. This article serves as a recommendation for changes to the rules of the Military Commissions Act, which Congress and the Obama Administration should consider. ** J.D. candidate 2010, Chapman University School of Law. I would like to thank Professor Kyndra Rotunda for all of her guidance, feedback, and expertise. I would also like to thank the outgoing and incoming Chapman Law Review boards for their excellent work and careful review. -
Federal Sentencing: the Basics
Federal Sentencing: The Basics UNITED STATES SENTENCING COMMISSION United States Sentencing Commission www.ussc.govOne Columbus Circle, N.E. Washington, DC 20002 _____________________________________________________________________________ Jointly prepared in August 2015 by the Office of General Counsel and the Office of Education and Sentencing Practice Disclaimer : This document provided by the Commission’s staff is offered to assist in understanding and applying the sentencing guidelines and related federal statutes and rules of procedure. The information in this document does not necessarily represent the official position of the Commission, and it should not be considered definitive or comprehensive. The information in this document is not binding upon the Commission, courts, or the parties in any case. Federal Sentencing: The Basics TABLE OF CONTENTS Introduction ................................................................................................................................................................................... 1 I. The Evolution of Federal Sentencing Since the 1980s ........................................................................................ 1 II. Overview of the Federal Sentencing Process .............................................................................................................. 5 A. Guilty Pleas and Plea Bargains .....................................................................................................................................5 B. Presentence Interview -
Primer on Relevant Conduct
PRIMER RELEVANT CONDUCT March 2018 Prepared by the Office of General Counsel, U.S. Sentencing Commission Disclaimer: This document provided by the Commission’s Legal Staff is offered to assist in understanding and applying the sentencing guidelines. The information in this document does not necessarily represent the official position of the Commission, and it should not be considered definitive or comprehensive. The information in this document is not binding upon the Commission, courts, or the parties in any case. Pursuant to Fed. R. App. P. 32.1 (2007), some cases cited in this document are unpublished. Practitioners should be advised that citation of such cases under Rule 32.1 requires that such opinions be issued on or after January 1, 2007, and that they either be “available in a publicly accessible electronic database” or provided in hard copy by the party offering them for citation. Primer on Relevant Conduct TABLE OF CONTENTS What is relevant conduct? ........................................................................................................................................... 2 What range of conduct is relevant to determining the applicable offense level? ................................................... 2 What is included in the “standard” relevant conduct definition at 1B1.3(a)(1)? ................................................... 3 When can the court look outside the offense of conviction to determine the offense level? ................................. 8 What is the “same course of conduct or common scheme -
Fact-Finding at Federal Sentencing: Why the Guidelines Should Meet the Rules Deborah Young
Cornell Law Review Volume 79 Article 2 Issue 2 January 1994 Fact-Finding at Federal Sentencing: Why the Guidelines Should Meet the Rules Deborah Young Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Deborah Young, Fact-Finding at Federal Sentencing: Why the Guidelines Should Meet the Rules, 79 Cornell L. Rev. 299 (1994) Available at: http://scholarship.law.cornell.edu/clr/vol79/iss2/2 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. FACT-FINDING AT FEDERAL SENTENCING: WHY THE GUIDELINES SHOULD MEET THE RULES Deborah Youngt TABLE OF CONTENTS INTRODUCTION ................................................... 300 I. SENTENCING WITHOUT EVIDENTIARY STANDARDS: PAST AND PRESENT ................................................. 304 A. The Evolution of Sentencing Without Evidence Standards ............................................ 305 1. Early American Sentencing and Procedure ............ 306 2. The Landmark Case on Evidence Standards at Sentencing: Williams v. New York ................. 308 3. The Landmark Case for Preponderanceof the Evidence at Sentencing: McMillan v. Pennsylvania ........... 318 B. The Lack of Evidentiary Standards in the Guidelines. 322 H. WRESTLING WITH THE GUIDELINES: JUDICIAL APPROACHES TO THE LACK OF EVIDENTIARY STANDARDS ................. 332 A. The Burden of Proof ................................ 334 B. The Use of Hearsay .................................. 342 C. Specialized Rules .................................... 346 III. A NEW EXPLORATION OF FACT-FINDING AT SENTENCING.... 352 A. Raising the Burden of Proof ......................... 352 B. Requiring Reliable Evidence ......................... 359 IV. -
Rethinking How We Regulate Lawyer-Politicians, 57 Rutgers L
UIC School of Law UIC Law Open Access Repository UIC Law Open Access Faculty Scholarship 1-1-2005 The Politics of Misconduct: Rethinking How We Regulate Lawyer- Politicians, 57 Rutgers L. Rev. 839 (2005) Kevin Hopkins John Marshall Law School Follow this and additional works at: https://repository.law.uic.edu/facpubs Part of the Law and Politics Commons, and the Legal Profession Commons Recommended Citation Kevin Hopkins, The Politics of Misconduct: Rethinking How We Regulate Lawyer-Politicians, 57 Rutgers L. Rev. 839 (2005). https://repository.law.uic.edu/facpubs/108 This Article is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Open Access Faculty Scholarship by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. RUTGERS LAW REVIEW VOLUME 57 Spring 2005 NUMBER 3 THE POLITICS OF MISCONDUCT: RETHINKING How WE REGULATE LAWYER-POLITICIANS Kevin Hopkins* INTRODU CTION .................................................................................... 840 I. THE RISE AND FALL OF THE LAWYER-STATESMAN .......................... 849 A. The Lawyer in Colonial America ............................................ 850 B. The Decline of the Lawyer-Statesman.................................... 855 II. THE REGULATION OF PRACTICING LAWYERS .................................. 859 A. The Powers of the Court and Bar ........................................... 861 B. The Exercise of Self-Regulation ............................................. -
An Overview of the UNITED STATES SENTENCING COMMISSION
An Overview of the UNITED STATES SENTENCING COMMISSION he United States Sentencing Commission is an independent agency in the judicial branch of Tgovernment. Its principal purposes are: (1) to establish sentencing policies and practices for the federal courts, including guidelines to be consulted regarding the appropriate form and severity of punishment for offenders convicted of federal crimes; (2) to advise and assist Congress and the executive branch in the development of effective and efficient crime policy; and (3) to collect, analyze, research, and distribute a broad array of information on federal crime and sentencing issues, serving as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. The U.S. Sentencing Commission was created by the Sentencing Reform Act provisions of the Comprehensive Crime Control Act of 1984. The sentencing guidelines established by the Commission are designed to C incorporate the purposes of sentencing (i.e., just punishment, deterrence, incapacitation, and rehabilitation); C provide certainty and fairness in meeting the purposes of sentencing by avoiding unwarranted disparity among offenders with similar characteristics convicted of similar criminal conduct, while permitting sufficient judicial flexibility to take into account relevant aggravating and mitigating factors; C reflect, to the extent practicable, advancement in the knowledge of human behavior as it relates to the criminal justice process. The Commission is charged with the ongoing responsibilities of evaluating the effects of the sentencing guidelines on the criminal justice system, recommending to Congress appropriate modifications of substantive criminal law and sentencing procedures, and establishing a research and development program on sentencing issues. -
Federal Mandatory Minimum Sentencing Statutes
Federal Mandatory Minimum Sentencing Statutes Charles Doyle Senior Specialist in American Public Law September 9, 2013 Congressional Research Service 7-5700 www.crs.gov RL32040 Federal Mandatory Minimum Sentencing Statutes Summary Federal mandatory minimum sentencing statutes limit the discretion of a sentencing court to impose a sentence that does not include a term of imprisonment or the death penalty. They have a long history and come in several varieties: the not-less-than, the flat sentence, and piggyback versions. Federal courts may refrain from imposing an otherwise required statutory mandatory minimum sentence when requested by the prosecution on the basis of substantial assistance toward the prosecution of others. First-time, low-level, non-violent offenders may be able to avoid the mandatory minimums under the Controlled Substances Acts, if they are completely forthcoming. The most common imposed federal mandatory minimum sentences arise under the Controlled Substance and Controlled Substance Import and Export Acts, the provisions punishing the presence of a firearm in connection with a crime of violence or drug trafficking offense, the Armed Career Criminal Act, various sex crimes include child pornography, and aggravated identity theft. Critics argue that mandatory minimums undermine the rationale and operation of the federal sentencing guidelines which are designed to eliminate unwarranted sentencing disparity. Counter arguments suggest that the guidelines themselves operate to undermine individual sentencing discretion and that the ills attributed to other mandatory minimums are more appropriately assigned to prosecutorial discretion or other sources. State and federal mandatory minimums have come under constitutional attack on several grounds over the years, and have generally survived. -
Copyright OUP 2013
AMERICAN CONSTITUTIONALISM VOLUME I: STRUCTURES OF GOVERNMENT Howard Gillman • Mark A. Graber • Keith E. Whittington Supplementary Material Chapter 9: Liberalism Divided – Separation of Powers Congressional Hearings on the Pardon of Richard Nixon (1974)1 On August 9, 1974, in the face of impeachment inquiries, President Richard Nixon resigned from office. Although Nixon had won reelection by a landslide in the fall of 1972, his administration was dogged by the Watergate scandal.. In June 1972, several individuals associated with Nixon’s reelection campaign were caught attempting to wiretap the offices of the Democratic National Committee in the Watergate Hotel in Washington, D.C. In the spring of 1973, federal prosecutors determined that the Watergate burglars were encouraged to commit perjury to hide the extent of White House involvement in the plan to spy on the Democratic campaign, leading to the resignation of senior White House aides. By the fall of 1973, the White House was under siege from investigating congressional committees and special prosecutors. When several aides were indicted for obstruction of justice and the courts gained access to White House audiotapes indicating the extent of the president’s involvement with the cover-up, Nixon’s position became untenable. The president was potentially liable to criminal charges for obstruction of justice, and the special prosecutor contemplated a number of possible charges against Nixon. Gerald Ford, a Republican from Michigan, served as the minority leader in the U.S. House of Representatives during the Johnson and Nixon administrations. In October 1973, Vice President Spiro Agnew resigned from office in the midst of a criminal investigation for bribery. -
COMMUTATION INSTRUCTIONS Information and Instructions on Commutations and Remissions Please Read Carefully Before Completing Commutation Form
COMMUTATION INSTRUCTIONS Information and Instructions on Commutations and Remissions Please Read Carefully Before Completing Commutation Form 1. Submit the petition to the Office of the Pardon Attorney To be considered for commutation (reduction) of sentence, an eligible inmate should submit a completed Petition for Commutation of Sentence to the Office of the Pardon Attorney, preferably through the warden in accordance with BOP Program Statement 1330.15. Commutation petitions that are not submitted through the warden may be emailed to us directly at [email protected]. If email is not available, petitions may be mailed to the Office of the Pardon Attorney, U.S. Department of Justice, 950 Pennsylvania Avenue, Washington, D.C. 20530. The completed commutation petition must be entirely legible; therefore, please type or print in ink. The form must be completed fully and accurately and signed by the applicant in order to be considered. You may attach to the petition additional pages and documents that amplify or clarify your answer to any question. Please do not staple, glue, bind or tape any portion of your petition or supplemental documents. We also will not accept pictures of documents, so they must be scanned on a flatbed scanner and submitted in PDF format if sent electronically. 2. Federal convictions only Under the Constitution, the President has the authority to commute sentences for federal criminal convictions, which are those adjudicated in the United States District Courts. In addition, the President's clemency power extends to convictions adjudicated in the Superior Court of the District of Columbia. However, the President cannot commute a state criminal sentence. -
Sentencing Guidelines Manual Prepared by the Michigan Judicial Institute
State of Michigan Sentencing Guidelines Manual Prepared by the Michigan Judicial Institute Online Version Current Through 8/18/21 These changes will appear in the 2021 hard-copy volume of the Michigan Sentencing Guidelines Manual, which is produced by Thomson Reuters. This sentencing guidelines manual has been prepared as an aid for those who use the guidelines enacted by the Michigan Legislature. The manual is intended to reflect with complete accuracy the substance of the law. However, in the event that the manual fails to comport exactly with the law, remember that the statute is the controlling authority. General Information and Instructions for Using the Statutory Sentencing Guidelines SPECIAL NOTE: In 2015, the Michigan Supreme Court rendered the previously-mandatory sentencing guidelines advisory only. People v Lockridge, 498 Mich 358 (2015). Applying United States Supreme Court precedent, the Court held that Michigan’s mandatory sentencing guidelines are violative of the Sixth Amendment. To remedy this constitutional violation, the Lockridge Court severed MCL 769.34(2) to the extent that it makes the calculated guidelines minimum sentence range mandatory; additionally, the Court struck down the requirement of MCL 769.34(3) that the court articulate a substantial and compelling reason to depart from the guidelines range. Subsequently, MCL 769.34 was amended to omit the substantial and compelling language and to explicitly provide for reasonable departures. See 2020 PA 395, effective March 24, 2021. A sentencing court may now exercise its discretion to depart from the guidelines range without articulating substantial and compelling reasons for doing so, and a departure sentence will be reviewed on appeal for reasonableness. -
Overview of Virginia's Sentencing Guidelines System
VIRGINIA CRIMINAL SENTENCING COMMISSION Overview of Virginia’s Sentencing Guidelines System Provided to the Nevada Sentencing Commission February 16, 2018 Impetus for Sentencing Guidelines in Virginia In December 1983, a Governor’s task force released findings based on a small-scale study suggesting evidence of sentencing disparities. Virginia’s Chief Justice formed a judicial committee to examine the issue. Pre-Sentence Investigation (PSI) reports were standardized and automated in 1985 to create a comprehensive database on felony sentencing. In 1987, analysis of historical sentencing decisions revealed evidence of unwarranted sentencing disparity. Circuit court judges voted to pursue development and testing of sentencing guidelines. Chief Justice created a judicial committee to develop a blueprint for a sentencing guidelines system. 2 Elements of Virginia’s Sentencing Guidelines Voluntary compliance Historically grounded in past sentencing practices Offense-specific guidelines Worksheet rather than grid guidelines Relatively broad sentencing ranges After pilot testing, voluntary guidelines were implemented statewide in January 1991. 3 Structure of Virginia’s Sentencing Guidelines Analysis of sentencing practices in Virginia found that our judges often consider different factors, or weigh the factors differently, depending on the offense and type of decision being made. Virginia’s Sentencing Guidelines are structured to reflect the judicial decision making process found in our state. Section A Prison In/Out Recommendation No Prison Prison Section B Section C Probation/Jail Prison Length Recommendation Recommendation 4 Virginia’s Sentencing Reform Legislation (1994) Goals of Sentencing Reform: Abolish parole Sentencing reform Establish truth-in-sentencing provisions took effect for (minimum 85% time served) felonies committed on or Target violent felons for longer after January 1, 1995. -
Senate the Senate Met at 9:30 A.M
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION Vol. 152 WASHINGTON, WEDNESDAY, JUNE 14, 2006 No. 76 Senate The Senate met at 9:30 a.m. and was under the control of the minority and serving for 47 years in this institution called to order by the President pro the final 15 minutes under the control is certainly remarkable, what he has tempore (Mr. STEVENS). of the majority. Following morning done during those 47 years is what is business, we will resume consideration truly remarkable. His contribution to PRAYER of the emergency supplemental appro- the public discourse and debate of our The Chaplain, Dr. Barry C. Black, of- priations conference report. Under the country throughout that time has been fered the following prayer: time agreement that was reached yes- truly exemplary. Let us pray. terday, we have a little over an hour I noted the other day, in fact, that Lord of truth and love, source and and a half of debate this morning. The when Senator BYRD was first elected to end of our believing and loving, You vote on the adoption of the conference the House, there was a wonderful pic- alone are worthy of our praise and we report is set for tomorrow at 10 a.m. ture taken that appeared with Senator celebrate Your great Name. Thank You Today we will continue work on the BYRD and several other Members of for the gift of Your dynamic presence Department of Defense authorization newly minted Congressmen who had in our lives and for the power we re- bill.