The Sentencing Project is a Washington, D.C.-based research and advocacy center working for decarceration in the United States and seeking to address racial disparities in the criminal justice system. The organization produces nonpartisan reports and research for use by state and federal policymakers, administrators, and journalists.
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "Certiorari volumus...".
Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.
United States v. Booker, 543 U.S. 220 (2005), is a United States Supreme Court decision on criminal sentencing. The Court ruled that the Sixth Amendment right to jury trial requires that other than a prior conviction, only facts admitted by a defendant or proved beyond a reasonable doubt to a jury may be used to calculate a sentence exceeding the prescribed statutory maximum sentence, whether the defendant has pleaded guilty or been convicted at trial. The maximum sentence that a judge may impose is based upon the facts admitted by the defendant or proved to a jury beyond a reasonable doubt.
The Judiciary Act of 1925, also known as the Judge's Bill or Certiorari Act, was an act of the United States Congress that sought to reduce the workload of the Supreme Court of the United States.
Mistretta v. United States, 488 U.S. 361 (1989), is a case decided by the United States Supreme Court concerning the constitutionality of the United States Sentencing Commission.
Kimbrough v. United States, 552 U.S. 85 (2007), was a United States Supreme Court case in which the Court confirmed that federal district judges utilize, in an advisory fashion, Federal Sentencing Guidelines, in cases involving conduct related to possession, distribution, and manufacture of crack cocaine.
Mark Warren Bennett is a former United States district judge of the United States District Court for the Northern District of Iowa and a professor at Drake University Law School.
Raymond Alvin Jackson is a Senior United States district judge of the United States District Court for the Eastern District of Virginia.
The Fair Sentencing Act of 2010 was an Act of Congress that was signed into federal law by United States President Barack Obama on August 3, 2010 that reduces the disparity between the amount of crack cocaine and powder cocaine needed to trigger certain federal criminal penalties from a 100:1 weight ratio to an 18:1 weight ratio and eliminated the five-year mandatory minimum sentence for simple possession of crack cocaine, among other provisions. Similar bills were introduced in several U.S. Congresses before its passage in 2010, and courts had also acted to reduce the sentencing disparity prior to the bill's passage.
Abbott v. United States, 562 U.S. 8 (2010), is a decision by the Supreme Court of the United States that addressed the mandatory sentencing increase under federal law for the possession or use of a deadly weapon in drug trafficking and violent crimes. In an 8–0 decision, the Court ruled that 18 U.S.C. § 924(c), which required a minimum five-year prison sentence, was to be imposed in addition to any other mandatory sentence given for another crime, including the underlying drug-related or violent offense. The only exception to the five-year addition applied only when another provision required a longer mandatory term for conduct violating §924(c) specifically, rather than a mandatory sentence for another crime as the defendants had unsuccessfully argued.
Miller v. Alabama, 567 U.S. 460 (2012), was a United States Supreme Court case in which the Court held that mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders. The ruling applied even to those persons who had committed murder as a juvenile, extending beyond Graham v. Florida (2010), which had ruled juvenile life without parole sentences unconstitutional for crimes excluding murder.
Dorsey v. United States, 567 U.S. 260 (2012), is a Supreme Court of the United States decision in which the Court held that reduced mandatory minimum sentences for "crack cocaine" under the Fair Sentencing Act of 2010 does apply to defendants who committed a crime before the Act went into effect but who were sentenced after that date. The Act's silence on how to apply its new rules, before the effective date or not, caused a split among the Justices on how to interpret its new lenient provisions. Specifically, the case centered on Edward Dorsey, a prior offender who had been convicted of possession before the new rules came into effect but was sentenced after the effective date.
The Smarter Sentencing Act is a bill in the United States Senate that would reduce mandatory minimum sentences for some federal drug offenses. In some cases, the new minimums would apply retroactively, giving some people currently in prison on drug offenses a new sentence.
Montgomery v. Louisiana, 577 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that its previous ruling in Miller v. Alabama (2012), that a mandatory life sentence without parole should not apply to persons convicted of murder committed as juveniles, should be applied retroactively. This decision potentially affects up to 2,300 cases nationwide.
Welch v. United States, 578 U.S. 120 (2016), was a United States Supreme Court case in which the Court ruled that the decision in Johnson v. United States announced a substantive rule change and is therefore retroactive.
Lafler v. Cooper, 566 U.S. 156 (2012), was a United States Supreme Court case in which the Court clarified the Sixth Amendment standard for reversing convictions due to ineffective assistance of counsel during plea bargaining. The Court ruled that when a lawyer's ineffective assistance leads to the rejection of a plea agreement, a defendant is entitled to relief if the outcome of the plea process would have been different with competent advice. In such cases, the Court ruled that the Sixth Amendment requires the trial judge to exercise discretion to determine an appropriate remedy.
The First Step Act, formally known as the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act, is a bipartisan criminal justice bill passed by the 115th Congress and signed by President Donald Trump in December 2018. The Act enacted several changes in U.S. federal criminal law aimed at reforming federal prisons and sentencing laws in order to reduce recidivism, decreasing the federal inmate population, and maintaining public safety.
Shular v. United States, 589 U.S. ___ (2020), is an opinion of the United States Supreme Court in which the Court held that, under the Armed Career Criminal Act of 1984, the definition of “serious drug offense” only requires that the state offense involve the conduct specified in the statute. Unlike other provisions of the ACCA, it does not require that state courts develop “generic” version of a crime, which describe the elements of the offense as they are commonly understood, and then compare the crime being charged to that generic version to determine whether the crime qualifies under the ACCA for purposes of penalty enhancement. The decision states that offenses defined under the ACCA are "unlikely names for generic offenses," and are therefore unambiguous. This renders the rule of lenity inapplicable.
Terry v. United States, 593 U.S. ___ (2021), was a United States Supreme Court case dealing with retroactive changes to prison sentences for drug-possession crimes related to the Fair Sentencing Act of 2010, its retroactive nature established by the First Step Act of 2018. In a unanimous judgement, the Court ruled that while the First Step Act does allow for retroactive considerations of sentence reductions for drug-possession crimes prior to 2010, this only covers those that were sentenced under minimum sentencing requirements.
