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In 1994, Oregon voters passed Measure 11, a measure that imposed long mandatory prison terms for 16 designated violent and sex-related offenses, prohibited "earned time," and provided for mandatory waiver of youthful offenders to adult court. This measure stood in sharp contrast to sentencing practices at the time, overlaying the state's existing sentencing guidelines system for selected offenses, increasing the length of prison terms imposed, and reducing judicial discretion at the sentencing phase. Proponents of the measure felt that it would improve public safety by both deterring future criminal behavior and increasing the length of time that serious felons spend in prison. Opponents, on the other hand, believed that the measure would adversely affect criminal justice system operations and reduce system integrity. In 1998, the Oregon Criminal Justice Commission (OCJC) received funding from the National Institute of Justice to study the implementation and outcomes of Measure 11 across the state as a whole, and within three counties: Multnomah, Lane, and Marion. This study, conducted by RAND under subcontract to the OCJC, draws upon a number of state level databases and interviews with state and county stake-holders to answer key questions about how the measure was developed, its relationship to the existing sentencing practices in the state, impacts on the types of sentences imposed, admissions to prison, and sentence lengths imposed, as well as how sentencing practices changed for both adults and youths. Our original proposal included an analysis of prosecutorial decisions. Though extensive efforts were made to obtain county prosecutor data during the study time frame, these data were not available. Further, preliminary analyses showed the statewide Oregon Judicial Information Network (OJIN) data to be unsuitable for this type of analysis.
This book discusses how some clinics have won significant gains at the appellate and federal court levels concerning victim standing, the rights to be consulted and heard, and the right to privacy. Some have won significant victories in gaining standing for victims and expanding the definition of particular rights. Others are enjoined in the battle. But all have raised awareness of victims' rights in the justice system.
Cover -- Contents -- Preface -- Acknowledgments -- 1. Sentencing Matters -- 2. Sentencing Fragments -- 3. Federal Sentencing -- 4. Sentencing Theories -- 5. Sentencing Principles -- 6. Sentencing Futures -- References -- Index.
Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.
In the mid-1990s, policymakers in more than half the states and the federal government responded to escalating crime rates and a series of sensationalized crimes by passing laws that imposed lifetime sentences on repeat offenders. Since then, the Three Strikes and You're Out movement, which embodies the overall get tough with crime approach to criminal sentencing, has generated much controversy. Critics argue that Three Strike laws are disproportionate, costly, and inefficient. Supporters, however, argue that the laws are effective, necessary, and just. Despite the controversy, Three Strike laws are still popular more than a decade after their implementation. Attempts to reduce the scope and/or severity of Three Strike policies have failed and the laws continue to affect thousands of offenders each year. Setting the record straight, Walsh provides a clear, comprehensive overview of the movement and its consequences. Do Three Strikes laws really prevent crime? Do they cost less than releasing repeat offenders time and time again? Are they evenly and fairly applied? These questions and more are answered in these pages through a careful analysis of the costs, benefits, and results of Three Strikes legislation. Walsh analyzes the historical development of the Three Strikes movement in the context of get tough sentencing reforms and provides detail about the various Three Strikes statutes adopted across the nation, while offering an in-depth exmamination of the controversies they have produced. Amid efforts to repeal or revise such statutes, the laws still stand, and this book sheds light on the history of, rationale for, and results of one of the most controversial criminal justice movements of our time.
A CounterPunch Best Book of the Year A Lone Star Policy Institute Recommended Book “If you care, as I do, about disrupting the perverse politics of criminal justice, there is no better place to start than Prisoners of Politics.” —James Forman, Jr., author of Locking Up Our Own The United States has the highest rate of incarceration in the world. The social consequences of this fact—recycling people who commit crimes through an overwhelmed system and creating a growing class of permanently criminalized citizens—are devastating. A leading criminal justice reformer who has successfully rewritten sentencing guidelines, Rachel Barkow argues that we would be safer, and have fewer people in prison, if we relied more on expertise and evidence and worried less about being “tough on crime.” A groundbreaking work that is transforming our national conversation on crime and punishment, Prisoners of Politics shows how problematic it is to base criminal justice policy on the whims of the electorate and argues for an overdue shift that could upend our prison problem and make America a more equitable society. “A critically important exploration of the political dynamics that have made us one of the most punitive societies in human history. A must-read by one of our most thoughtful scholars of crime and punishment.” —Bryan Stevenson, author of Just Mercy “Barkow’s analysis suggests that it is not enough to slash police budgets if we want to ensure lasting reform. We also need to find ways to insulate the process from political winds.” —David Cole, New York Review of Books “A cogent and provocative argument about how to achieve true institutional reform and fix our broken system.” —Emily Bazelon, author of Charged
Four leading sentencing scholars have produced the first and only text with enough up-to-date material to support a full course or seminar on sentencing. Other texts offer only partial coverage or out-of-date examples. The chapters in Sentencing Law and Policy: Cases, Statutes, and Guidelines present examples from three distinct types of sentencing guideline-determinate, and capital. The materials draw on the full spectrum of legal institutions, from the U.S. Supreme Court To The state court level, with close consideration of the role of legislatures and sentencing commissions. The only current, full-course text on sentencing, this new title offers: an 'intuitive', conceptually-based organization that looks at the essential substantative components and procedural steps following the sequence of decisions that typically occurs in every criminal sentencing examples covering three distinct areas of sentencing, with chapter materials based on guideline-determinate, indeterminate, and capital sentencing materials from a range of institutions, including decision from the U.S. Supreme Court, state high courts, federal appellate courts, and some foreign jurisdictions - along with statutes and guideline provisions, and reports from various sentencing commissions and agencies in-text notes on sentencing policies that explain common practices in U.S. jurisdictions, then ask students to compare different institutional practices and consider the relationship between sentencing rules, politics, And The broader aims of criminal justice