2024 United States Sentencing Guideline Amendments: A Front Row Seat to the Kabuki Theatre
On November 1, several amendments to the United States Sentencing Guidelines took effect. Some of these changes are significant, offering advantages to the defense, while others are less beneficial. However, ultimately, this process amounts to nothing more than “Kabuki Theatre,” meaning the tortured guideline applications become merely performative, because 18 U.S.C. § 3553, enables discerning…
BOP Programming With Dr. Alix McLearen
We’ve spent a lot of time running down the BOP, and not without good cause, BUT we don’t give as much attention as we should to the positive things happening inside those walls. Lawyers need to learn about and advocate for beneficial programming placements for clients, especially those with special needs. Therefore, helping us get set…
The Why of the Where: Mitigation Geo-Narratives with Dr. Julie Urbanik
Where we are born, how many times we were forced to relocate, and the kinds of things happening, or not happening, in our communities, our schools and other institutions in those locations are all important to give context to a client’s life and choices. But how do we tell those stories at sentencing? Thankfully, there’s…
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…
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…
Life in the Shadow of Death, With Cyndy Short
Cyndy Short has been representing those accused of the worst crimes imaginable for most of her career – and she has NEVER had a client sentenced to death on her watch. She understands that sometimes what makes a lawyer great isn’t their legal abilities, but their human abilities. In other words, it’s time for lawyers to…
The Narrative Gym for Law discussion on Dr. Randy Olson’s “ABT Time” Podcast, Featuring Doug Passon!
We have produced over thirty episodes of Set For Sentencing including our Web extras, AND we’re just getting started. BUT no episode has yet solely focused on the work I do helping lawyers tell their most powerful sentencing narratives and producing defense documentaries to humanize clients and bring their life story into living color. THEREFORE, I…
Elizabeth Holmes: Sentencing Post Mortem
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! On Friday, 11/18/22, a federal judge sentenced Elizabeth Holmes to over eleven years in prison. Ms. Holmes was convicted after trial of a “fake it ’till you make it” fraud involving her company Theranos, and the revolutionary blood testing technology dream machine that…
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,…