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Sentencing

Virginia Senate Kills Bill Ending Most Mandatory Minimums

Two Democrats in the Virginia Senate joined with Republicans on Monday to defeat a measure 21-19 that would have eliminated hundreds of mandatory minimum sentences (view full article).

It would have eliminated all mandatory minimums, except in the case of a conviction for the aggravated murder of a law-enforcement officer. Many of the penalties were adopted decades ago as part of the tough-on-crime movement, which some lawmakers blame for mass incarceration.

New Report Finds Kentucky’s Death Penalty Shows Racial Biases

The death penalty in Kentucky has been used sparingly in the last 30-plus years, but its use shows racial biases, according to a new report from local researchers and other experts (view full article).

In cases eligible for the death penalty, those with white victims have been far more likely to end in the convict being sentenced to death, according to a report from Professor Frank Baumgartner at UNC Chapel-Hill and the Kentucky Coalition to Abolish the Death Penalty.

Tenth Circuit Vacate Sentence Imposed Because Defendant Pleaded Guilty Without Plea Agreement

Kansas woman pleads guilty without plea agreement to her charge. District court, in deciding what sentence to impose, states when there is no plea agreement, the sentence will be somewhere in the middle of the Guidelines range. Woman: objection! That is not a valid basis. District court: Objection overruled. Here's a sentence above the low-end of the Guidelines range based on my practice. Circuit Court: Not good.

Sentencing Commission Schedules Public Hearing on Amendments Retroactivity

The United States Sentencing Commission has scheduled a public hearing for Wednesday, July 19, 2023, from 9:00 a.m. - 3:00 p.m. (EDT). The hearing will be held at the Thurgood Marshall Federal Judiciary Building, One Columbus Circle, N.E., in the Commissioners' Conference Room of Suite 2-500 (South Lobby) (view notice).

1,000 Children Sentenced To LWOP Are Now Free

Eleven years ago this month, the Supeme Court held that mandatory life-without parole sentences for all children 17 or younger was unconstitutional. See Miller v. Albama, 567 U.S. 460 (2012). Today, the Campaign for the Fair Sentencing of Youth reports that "1,000 individuals who were sentenced to life in prison as children are now FREE!" View Full Story.

The Campaign noted some compelling facts about this group of individuals, now freed: