Sentencing Posts

Sentencing of Offenders Under the Age of 18

In follow up to Ms. Nellis’ post, we wanted to share the recommendations on juvenile sentencing from Article 6 of the most recent draft of Model Penal Code: Sentencing, which has been approved by members of ALI.

The 48-Hour Rule and Overdetention in California Juvenile Proceedings

This article explores the 48-hour rule in the juvenile context, with a particular focus on California. It summarizes California statutory law, provides a chart of the implications of current law on days of detention, and presents the results of a statewide survey on actual practice in the counties.

Life Sentences, Long Sentences Imposed on Youth Need 2nd Look

Decades of research from the fields of criminology and adolescent brain science find that the decisions made in youth — even very unwise decisions — do not crystallize criminality. Instead, as young people age and mature they develop the capacity to make different choices.

USSC Releases New Publication on Federal Mandatory Minimum Penalties

The United States Sentencing Commission released a new publication—An Overview of Mandatory Minimum Penalties in the Federal Criminal Justice System (2017 Overview)—that examines the use of federal mandatory minimum penalties and the impact of those penalties on the federal prison population.

Restoration of Rights Project

The Restoration of Rights Project is an online resource that offers state-by-state analyses of the law and practice in each U.S. jurisdiction relating to restoration of rights and status following arrest or conviction. Jurisdictional “profiles” cover areas such as loss and restoration of civil rights and firearms rights, judicial and executive mechanisms for avoiding or mitigating collateral consequences, and provisions addressing non-discrimination in employment and licensing. Links to many original sources are included. The information in each profile is summarized, followed in each case by a link to the full profile.

New Model Penal Code for Criminal Sentencing: Comprehensive Reform Recommendations for State Legislatures

Ambitious changes such as those recommended in the MPCS are urgently needed in the US. While we are the undisputed leader in incarceration rates worldwide, we suffer from much more than “mass incarceration.” It would be more accurate to say that we have blundered into mass punishment of all kinds. Internationally, America is in the highest tier of harsh justice with our astonishingly high probation supervision rates, intrusive and counterproductive probation conditions, crushing economic penalties, uncountable collateral consequences of conviction, outsized parole supervision rates, and massive revocations of people from community supervision into our prisons and jails.

Sentencing Approved

At ALI’s Annual Meeting on Wednesday, May 24, members voted to approve The Model Penal Code: Sentencing project. This completes these three portions of the project.