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Criminal Law

: Sentencing Law and Policy

Important and timely new paper on judicial sentence modification and early release

By Douglas A. Berman

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Thus coming Tuesday, the Supreme Court will hear oral arguments in important "back end" sentencing cases: Dillon v. US (09-6338) and Barber v. Thomas (09-5201). Though I will preview these cases in some coming posts, both cases raise questions about the role of judges and the procedures used to modify sentences and provide for early release from imposed prison terms. Given these SCOTUS plans, this new piece on SSRN from Cecelia Klingele is a timely must-read.  The piece is titled "Changing the Sentence Without Hiding the Truth: Judicial Sentence Modification as a Promising Method of Early Release," and here is the abstract: Last year, as the State of California struggled with a $42 billion budget deficit, its financial inability to correct constitutionally-deficient prison conditions led a federal court to order the release of 40,000 state prisoners...continue to full post

Full post as published by Sentencing Law and Policy on March 27, 2010 (boomark / email).

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