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Is real fundamental, structural change on the horizon for the federal sentencing system?

By Douglas A. Berman

As detailed in this report about the US Sentencing Commission regional hearing in New York this week, a number of federal judges are urging the USSC to work on big, structural sentencing reform.  In the words of Judge Dearie: "It is not a time to tinker ... it is time for fundamental reform....  If necessary, start all over.  The truth is, you may be our only hope.  Raise your voice or voices.  We must rely on each of you to think outside the box." Of course, federal judges (as well as academics) have been urging fundamental, structural changes to the federal sentencing system for quite some time.  But, now a passage this recent speech by Attorney General Eric Holder suggests that the Justice Department may soon be urging some big changes: Although this Administration is still young, we have already started to put into practice what I believe is a data-driven, non-ideological, post-partisan approach to crime...continue to full post

Full post as published by Sentencing Law and Policy on July 10, 2009 (boomark / email).