In a recentl article titled After Seeing Federal Bureau of Prisons Up Close, Federal Judges May See Sentencing Differently In Future, by Walter Pavlo, Forbes (May 3, 2020), Walter Pavlo muses about what COVID-19's long term impact will be on fedeal sentencing, now that federal judges are being inundated with motions for compassionate release and law suits critical of BOP's response to the pandemic. Here are the articles closing thoughts:
Defendants would rather be in front of a judge on July 2020 than one on July 2019. Judges are going to re-think their sentences. Their courtrooms are currently jammed with motions for compassionate release, civil rights violations by BOP, and pre-trial pre-sentencing release motions. Center stage at these hearings are BOP conditions, its policies, its care of inmates and how it treats those employed at these institutions. In short, federal judges are seeing firsthand how the BOP executes the sentences they impose ... and it is ugly.
Federal judges may hold the key to real criminal justice reform because COVID-19 will make them think about the consequences that their sentences have on the lives of defendants and their families. They will not be able to un-remember these tragic stories ... and that might be a good thing.
The Training Divison is committed to providing relevant, timely, and useful resources to defenders and CJA attorneys regarding the impact of COVID-19 on federal criminal practice through our COVID-19 pages on fd.org and sentencing resources to help you argue for the best sentence possible for your clients.