Pre-Sentence Reports
The pre-sentence report is arguably the most crucial sentencing document. Not only does it serve as a vital tool for judges during sentencing, but it also acts as the “bible” that the Bureau of Prisons (BOP) relies on to make critical decisions about our clients. Unfortunately, many lawyers struggle to properly prepare their clients or…
The Artificial Lawyer: A Debate About the Usefulness of A/I in the Legal Arena
Artificial intelligence is here and it’s getting more sophisticated and more ubiquitous every day. Indeed, the legal community seems to be largely embracing A/I with open arms. But the jury is still out whether this somewhat terrifying new technology is going to be our savior or our destroyer. Therefore, helping us get set for sentencing this…
Trump on Trial
Today history is being made, as the first criminal trial of a former president for multiple felony allegations begins in New York. But none of the pundits seem to be talking about what happens if Trump loses at trial. Therefore, helping us get set for sentencing is a superb New York criminal defense attorney, Richard…
Guidelines Blues: The Commission’s Next Moves
The United States Sentencing Commission is gearing up to make their recommendations for the next round of amendments. It’s the follow-up album to their first hit record, which included memorable songs such as ” The Zero Point Offender Boogie”, and “Release Me (Compassionately)”. The real question is can they top their debut with their sophomore…
When Justice Depends on It: The Need for Professional Standards for Mitigation in All Criminal Cases
Mitigation has been an integral part of death penalty defense for decades and there are minimum standards that apply in that context. When an early and thorough mitigation workup occurs, good things happen. But, many non-capital attorneys don’t recognize the need to adopt this approach in their everyday criminal matters. Without good mitigation, even in…
BOP MEANS: Back Off the Punishment: Making the Case That Judges Must Fix the BOP by Imposing Fewer and Shorter Prison Terms
The Bureau of Prisons is dysfunctional, dangerous and dehumanizing. Its failures have been well-documented recently in the press, in OIG reports, and in judicial opinions. But some judges still don’t understand that they have the power and the responsibility to do something about it. Moreover, lawyers don’t always know that BOP dysfunction is powerful sentencing…
Indian Country: A Glimpse into Tribal and Federal Indian Criminal (In)Justice
The criminal justice system is a tool of social control. And no where is that more evident than on our nation’s Indian reservations. American Indians have been the targets of the wrath of the criminal process since the day a renegade Sioux warrior Crow Dog shot Chief Spotted Tail dead in the late 1800’s. We…
A Child’s Poison: Lead Poisoning as Sentencing Mitigation with Dr. Ted Lidsky
The government often weaves false sentencing narratives about our clients: they are born bad, uncontrollably violent, no concern for others, no respect for the law. There’s always a more truthful, powerful, and humanistic story to tell. And in some of those cases that story could be LEAD POISONING! The fact is, the probability of those…
Year of the Dragon: Sentencing Guideline New Year’s Cheers & Jeers
