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Model law proposes automatic expungement of non-conviction records

Margaret Love and David Schlussel | December 18, 2019 | Sentencing

In recent decades, criminal records have become widely available as a result of digitized records systems and a new commerce in background screening and data aggregation.  Criminal records, even of an arrest or charge that does not result in conviction, can cost...

Risk and Resources: A Qualitative Perspective on Low-Level Sentencing in Virginia

Anne Metz, John Monahan, Brandon Garrett and Luke Siebert | August 30, 2019 | Sentencing

ABSTRACTVirginia’s sentencing guidelines include alternative sanctions based on the use of a quantitative instrument called the Nonviolent Risk Assessment (NVRA) that identifies individuals convicted of drug and property crimes that are considered to be at lower...

How Do Prosecutors (and the Rest of Us) Get Sentencing So Wrong?

James M. Doyle | August 26, 2019 | Sentencing

In a recent New York Times op ed piece, James Forman, Jr. and Sarah Lustbader pose the question, “What can we do to shrink our prison population, the world’s largest?”Their essay’s title, “Every D.A. in America Should Open a Sentence Review Unit,” provides one...

Law360 Article Argues In Favor of Risk Assessment Tools

Lauren Klosinski | August 16, 2019 | Sentencing

An article for Law360 entitled “Risk Assessment Tools Are Not A Failed ‘Minority Report’” discusses the use of risk assessment tools used by judges in criminal cases. The article comes in response to a New York Times op-ed which implied that risk assessment tools make...

Sixth Circuit Forces Rethink On Federal Sentencing Guidance

Pauline Toboulidis | July 9, 2019 | Sentencing

An article from Law360 Access to Justice breaks down a recent appellate decision on the interpretation of federal sentencing guidelines which could have a major impact on people with prior criminal records who are being sentenced for new crimes. The article details...
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