"Reprogramming Recidivism: The First Step Act and Algorithmic Prediction of Risk"

February 28, 2021

The title of this post is the title of this paper recently posted to SSRN and authored by Amy Cyphert. Here is its abstract: The First Step Act, a seemingly miraculous bipartisan criminal justice reform bill, was signed into law in late 2018. The Act directed the Attorney General to develop a risk and needs assessment tool that would effectively determine who would be eligible for early release based on an algorithmic prediction of recidivism. …

Sentencing Law and Policy

What kind of "behind the scenes" clemency moves might Prez Biden's staff be working on?

By Douglas Berman

February 28, 2021

The question in the title of this post is prompted by a sentence in this Vox piece by German Lopez (strangely) headlined “Biden’s secret weapon for criminal justice reform.” The article is about the power of the President to grant clemency, and I think it a bit strange to call that power a “secret weapon” given all the attention that clemency has received in recent years and given that there has already been a number…

Sentencing Law and Policy

Lots of great new reads from various parts of The Appeal

By Douglas Berman

February 27, 2021

There is so much important and impressive content at The Appeal, I know I often miss some great content within the site’s many sections. But I figure I can use this space to make sure others do not miss a few pieces from different part of the site this past week that may be of special interest to sentencing fans: From The Lab “The Carceral Force of Prosecutor Associations, Explained” by Angela…

Sentencing Law and Policy

New coalition letter urges Prez Biden "to aggressively reduce jail and prison populations" in first 100 day

By Douglas Berman

February 26, 2021

Via email this afternoon, I learned of this new extended letter addressed to Prez Biden on behalf of The Leadership Conference on Civil and Human Rights and organizations urging various criminal justice with particular focus on “the health and safety of incarcerated individuals during the COVID-19 pandemic.” The full letter covers lots of ground, and here is its first substative paragraph: While the pandemic jeopardizes everyone’s safety, incarcerated individuals are much more likely to be…

Sentencing Law and Policy

New commentary calling for Prez Biden to revive the US Sentencing Commission

By Douglas Berman

February 24, 2021

In this post earlier this month, I wondered aloud about when we might reasonably expect Prez Biden to make needed appointments to the US Sentencing Commission. This issue remained on my mind when I was recently asked to write a commentary for ASU’s new Crime and Justice News site. Specifically, I decided to write on “Reviving the U.S. Sentencing Commission,” and here is an excerpt from this commentary (links from original): [F]ederal sentencing politics…

Sentencing Law and Policy

"Viral Injustice"

By Douglas Berman

February 24, 2021

The title of this post is the title of this notable new article now available via SSRN authored by Brandon Garrett and Lee Kovarsky. Here is its abstract: The COVID-19 pandemic blighted all aspects of American life, but people in jails, prisons, and other detention sites experienced singular harm and neglect. Housing vulnerable detainee populations with elevated medical needs, these facilities were ticking time bombs. They were overcrowded, underfunded, unsanitary, insufficiently ventilated, and failed to…

Sentencing Law and Policy

Lots of good criminal justice reads from CCRC, Law360, and Reason

By Douglas Berman

February 24, 2021

A full in-box and some surfing produced this fulsome reading list from a few sources chock full of pieces I recommend checking out: From CCRC, “After a haul of record relief reforms in 2020, more states launch clean slate campaigns“ From CCRC, “Study: Texas diversion provides dramatic benefits for people facing their first felony From CCRC, “A Plan to Restructure (and Revive) Pardoning After Trump“ From Law360, “Goodwin Wins …

Sentencing Law and Policy

"Tax Administration and Racial Justice: The Illegal Denial Of Tax Based Pandemic Relief To The Nation's Incarcerated"

By Douglas Berman

February 23, 2021

The title of this post is the title of this notable and timely new article authored by Leslie Book now available via SSRN. (Among other virtues, this piece provides yet another example of how all areas of law have something to do with sentencing and corrections.) Here is its abstract: In the midst of a devastating pandemic that would sicken millions, kill hundreds of thousands, and cause widespread financial distress, Congress passed the Coronavirus Aid,…

Sentencing Law and Policy

"COVID-19 Cases Among Employees of U.S. Federal and State Prisons"

By Douglas Berman

February 23, 2021

The title of this post is the title of this notabel new research published in the American Journal of Preventive Medicine. Here is its abstract: Introduction Prior research has found coronavirus disease 2019 (COVID-19) cases to be disproportionately prevalent among U.S. prisoners. Like prisoners, prison staff experience ventilation and social distancing hazards and may have limited access to testing, paid sick leave, personal protective equipment, and other workplace protections. Yet, systematic case surveillance among prison…

Sentencing Law and Policy

Valuable accountings of crime trends present and past

By Douglas Berman

February 21, 2021

My morning surfing led me to two notable new pieces with oceans of interesting information about crime and all the debatbale accounts for why it has gone up and down in the United States. Here are links and short excerpts from lengthy pieces which both merit a full read: “What Drove the Historically Large Murder Spike in 2020? The pandemic, police violence, and more guns all contributed to an unprecedented rise in murders…