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New Judge Gertner opinion asserts extended prison term would reduce public safety

By Douglas A. Berman

It is fitting to follow news of a new record high US incarceration population with an interesting new opinion from federal District Judge Nancy Gertner, which contends that  an extended prison term may reduce public safety in some cases.   These thoughts are developed in US v. Haynes , No. 06cr10328-NG (D. Mass. June 3, 2008) (available for download below), and here is part of the introduction of the opinion:   At the time of sentencing, Haynes had already served approximately thirteen months in pretrial detention, longer than the sentence he served for the 1998 conviction.  The recommended sentence under the United States Sentencing Guidelines Manual, 33-41 months, was driven exclusively by the quantity of drugs for which he was responsible (on those two occasions in May 2006), the location of the sales, and his criminal history (Criminal History Category II)...continue to full post

Full post as published by Sentencing Law and Policy on June 06, 2008 (boomark / email).