Sentencing Posts

Sentencing questions raising constitutional concerns

We highlight cert petitions that ask the Supreme Court to consider, among other things, the use of acquitted conduct in sentencing decisions, when a sentencing court must consider a defendant’s juvenile status as a mitigating factor, and compassionate release under the First Step Act.

COVID-19 and the Ruralization of U.S. Criminal Court Systems

The COVID-19 pandemic is imposing typically rural practice constraints on the United States’ urban and suburban criminal court systems. This “ruralization” of criminal practice offers lawyers, policymakers, and researchers a window into the challenges and opportunities that inhere in rural systems.

Virtual Criminal Courts

As criminal courts around the United States suspended in-person proceedings, virtual hearings, where parties appear through videoconference or teleconference technology, have allowed courts to remain in session while reducing the danger to public health. Courts at all levels, from small municipal courts to the U.S. Supreme Court, have been hearing arguments remotely.

Nondelegating Death

This Article critically evaluates responsibility for administering capital punishment through the lens of non-delegation. It analyzes state court decisions upholding broad legislative delegations to agencies and identifies common themes in this jurisprudence.