What’s Crackin’ at the Sentencing Commission – New Proposals that Could Change the Shape of Federal Sentencing
Congress intended most first-time non-violent offenders receive a non-custodial sentence. That’s how federal law worked before the guidelines. But, the guidelines did not fulfill that promise because the majority of those sentenced, end up having to serve time in the crumbling, overcrowded Bureau of Prisons. All that may be about to change, with revolutionary new…
Absolute Power: Politization and Weaponization at the DOJ (With Gary Restaino)
Our founders wanted US attorneys to retain significant independence from the Department of Justice. If that happens, then experienced prosecutors have the credibility and moral fortitude to serve as a buffer between the unfettered power of the government and the people. But the Trump administration wants absolute power. That’s why we’re seeing a slew of…
For My Enemies, the Law
More than ever, we live in a country of selective justice. Some commit crimes with impunity and others are forced to run the gauntlet. The events of last week contain many stark examples, from prosecutions to pardons. Mark Allenbaugh and I couldn’t wait until the new year to talk about it. So, here’s one last…
Seismic Shift: Big Changes to the Sentencing Guidelines & the Country
Although we often complain about the sentencing guidelines, this week, I find myself thankful that we still live in a country that has courts and due process, in the federal criminal courts. At least for now. So today, we celebrate the death of guideline departures, lament the death of due process in immigration, and worry…
Across the Pond: Sentencing in the United Kingdom
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! We like to think the United States has “the greatest system in the world.” But do we? There’s simply no way to answer that question until we learn how other countries adjudicate crime. Helping us get Set for Sentencing is Prof. Julian Roberts,…
Your Voice Matters: Priorities for the Newly Minted Federal Sentencing Guidelines Commission
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! For the first time in nearly four years, there is a fully staffed, fully functioning United States Sentencing Guidelines Commission. They have published a list of priorities for the 2022-23 cycle and are soliciting public comments until Oct. 17, 2022. But many may…
SO GOES THE NATION: Talking Criminal Justice Reform With Julie Gunnigle, Democratic Candidate for Maricopa County Attorney
LISTEN ON APPLE PODCASTS, WATCH AND SUBSCRIBE ON YOUTUBE The criminal system in Maricopa County, Arizona is missing the Justice. It’s the fourth largest county in the nation, and the eighth largest incarcerator IN THE WORLD. The County Attorney’s office has been infamous for decades for overcharging, systemic bias, and flat-out corruption. Helping us get…
Question Everything: Computer Forensics at Sentencing
In a criminal case, the contents of your computer can be your saving grace or the nail in your coffin. This is particularly true in cases involving online offenses. But, taking the government’s word for what they found during the search of your devices is a very bad idea! Helping us get Set For Sentencing…