Tag: federal sentencing
Rep. James Sensenbrenner (R-WI), current Chair of the House Judiciary Committee, Subcommittee on Crime, Terrorism, and Homeland Security, has always struck me as a public menace. He's now advocating more mandatory minimum sentencing laws. Other Republicans are joining him.
If you don't remember Sensenbrenner from 2004- 2005, when he was Chair of the House Judiciary Committee, here are some of his dooziest proposals:[More...]
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Ashcroft's sentencing memo, "Department Policy Concerning Charging Criminal Offenses, Disposition of Charges, and Sentencings" directed prosecutors to charge the most serious provable offense. I posted it here back in 2003. Former Deputy AG James Comey's January 28, 2005 sentencing directive is here. Professor Berman says of today's Holder memo:
Distilled to its essence, it seems that instead of a general policy that federal prosecutors "must" charge and pursue the most serious offense and must advocate a within-guideline sentence, this new Holder memo now asserts that federal prosecutors "ordinarily should" charge and pursue the most serious offense and "should generally" continue to advocate a within-guideline sentence. In other words, in appears that this new Holder memo is a fairly subtle change in policy, but that subtle change may still prove to be very consequential in practice.
I think the memo is a welcome change. [More....]
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