February 11, 2014
Subcommittee Meeting:  Comparative Systems Subcommittee

Agenda
Transcript
Minutes

Biographies

Mr. Mark H. Bergstrom, Executive Director, Pennsylvania Commission on Sentencing

Mr. L. Russell "Rusty" Burress, Principal Training Advisor, Office of Education and Sentencing Practice, United States Sentencing Commission

Ms. Pamela G. Montgomery, Director and Chief Counsel, Office of Education and Sentencing Practice, United States Sentencing Commission

Ms. Annette Burrhus-Clay, Executive Director, Texas Association Against Sexual Assault

 

Mr. Bruce T. Brown, Chairman, US Air Force Clemency and Prole Board; Chairman, US Air Force Remissions Board; and, Executive Secretary, DoD Civilian/Military Service Review Board

Mr. Michael F. LoGrande, Deputy Director, US Air Force Review Boards Agency and Executive Director, US Air Force Board for Correction of Military Records

Lieutenant Colonel R. Craig Burton, US Air Force, Chief, Justice & Court Activities, Military Justice Division

Captain Steven J. Anderson, US Coast Guard, Commanding Officer, Legal Service Command

Sergeant Major Mark Allen Byrd Sr., US Marine Corps, Sergeant Major of Marine Corps Base Quantico, Virginia

 

 

Materials Provided by Presenters

National Center for State Courts:  Assessing Consistency and Fairness in Sentencing: A Comparative Study in Three States

National Center for State Courts:  State Sentencing Guidelines - Profiles and Continuum

 

Correcting Course: Lessons from the 1970 Repeal of Mandatory Minimums, Ms. Molly Gill

Federal Prison Spending at the U.S. Department of Justice: Unsustainable and Dangerous

Ms. Elizabeth L. Grayer, President, Legal Momentum, Op-Ed in RollCall: The Hidden Danger, dated May 16, 2012

Families Against Mandatory Minimums, Federal Mandatory Minimums - Chart

Families Against Mandatory Minimums, Safety Valves in a Nutshell

Families Against Mandatory Minimums, Federal Mandatory Minimums in a Nutshell

Families Against Mandatory Minimums, Smarter Sentencing Act

National Task Force to End Sexual and Domestic Violence Against Women, Letter to Honorable Patrick Leahy and Honorable Michael Crapo, dated February 1, 2013

National Task Force to End Sexual and Domestic Violence Against Women, Letter to Honorable Patrick Leahy, dated February 4, 2014

United States Sentencing Commission, 2011 Report, Chapter 5 - Policy Views About Mandatory Minimum Penalties

United States Sentencing Commission, 2011 Report, Chapter 10 - Mandatory Minimum Penalties For Sex Offenses

United States Sentencing Commission, 2011 Report, Chapter 12 - Conclusions and Recommendations

Report of the Native American Advisory Group, dated November 4, 2003

Selected Sentencing Statistics for Fiscal Year 2012 for the Federal Sentencing Guidelines for Criminal Sexual Abuse (Rape) (§2A3.1) and Abusive Sexual Contact (§2A3.4)

United States Sentencing Commission, Chapter Three Adjustments Offender Based, Fiscal Year 2012

United States Sentencing Commission, Table 17 - Offenders Sentenced Under Each Chapter Two Guideline, Fiscal Year 2012

United States Sentencing Commission, Table 28 - Sentences Relative to the Guideline Range by Each Primary Sentencing Guideline, Fiscal Year 2012

United States Sentencing Commission, Use of Guidelines and Specific Offense Characteristics - Offender Based, Fiscal Year 2012

US Air Force Clemency & Parole Board (information slides), dated February 11, 2013


New York Times: Sentencing Shift Gives New Leverage to Prosecutors, dated September 25, 2011

Smart on Sentencing, Smart on Crime: An Argument for Reforming Louisiana's Determinate Sentencing Laws, Galik & Morris, dated October, 2013

Yale Journal of Law and Feminism, Volume 20, Edition 213:  Mandatory Minimums Making Minimal Difference: Ten Years of Sentencing Sex Offenders in South Africa, Ms. Kristina Scurry Baehr, dated 2008


Mr. Steven Andraschko, Chairman, US Army Clemency & Parole Board - Statement

 

US Army Clemency & Parole Board Information Slides

 

Pennsylvania Sentencing Matrix - 7th Edition

Pennsylvania Summary of Sentences by Offense Category (Sexual Offenses), dated 2012

Pennsylvania Mandatory Minimum Sentencing Provisions, as of December 28, 2012

Pennsylvania Offenses That Require Registration under 42 PA.C.S. Chapter 97, Subchapter H (Related to Registration of Sexual Offenses)

 

Pennsylvania's Megan's Law Updated (Act 111 of 2011 & Act 91 of 2012)

 

Pennsylvania Maximum Sentencing Provisions

 

Related Materials

18 United States Code §3553, Imposition of a Sentence

28 United States Code §991 thru §994

National Center for State Courts:  Examining the Work of State Courts - An Analysis of 2010 State Court Caseloads 

Mr. Frank O. Bowman, III, Dead Law Walking: The Surprising Tenacity of the Federal Sentencing Guidelines

CaseLoad Highlights, Volume 2, Number 1, National Criminal Justice Measures Affecting State Courts

CaseLoad Highlights, Volume 7, Number 1, Profiling Felony Cases in the NACM Network

Community Resources for Justice:  Crime, Cost, and Consequences: Is It Time to Get Smart on Crime?

National Center for State Courts:  Criminal Case Unit of Count Used by State Trial Courts, 2010

US Department of Justice, National Institute of Corrections:  Evidence-Based Practice To Reduce Recidivism: Implications for State Judiciaries, dated August 2007

Families Against Mandatory Minimums:  Mandatory Sentencing Was Once America's Law-and-Order Panacea.  Here's Why It's Not Working

Frequently Asked Questions:  Change in the UCR Definition of Rape, dated May 20, 2013

FBI, Uniform Crime Reporting (UCR) Program, Summary Reporting System:  New Rape Definition Summary

FBI, Uniform Crime Reporting (UCR) Program, Criminal Justice Information Services (CJIS) Division, Reporting Rape in 2013

Hofstra Law Review, Mr. Stephen Breyer, The Federal Sentencing Guidelines and the Key Compromises Upon Which They Rest, Fall, 1988

Human Rights Watch:  An Offer You Can't refuse: How US Federal Prosecutors Force Drug Defendants to Plead Guilty, dated December, 2013

Journal of Law, Economics & Organization:  Strategic Judging Under the United States Sentencing Guidelines: Positive Theory and Evidence, Schanzenbach & Tiller

Military Law Review, Volume 165:  Development, Adoption, and Implementation of Military Sentencing Guidelines, Major Steven M. Immel

Theories of Punishment and Mandatory Minimum Sentences, Dr. David B. Muhlhausen (Before the US Sentencing Commission), dated May 27, 2010 

National Center for State Courts:  Using Offender Risk and Needs Assessment Information at Sentencing: Guidance for Courts from a National Working Group

National Public Radio:  Report: Threat of Mandatory Minimums Used To Coerce Guilty Pleas, Carrie Johnson, dated December 5, 2013

Report to Congress:  Analysis of Penalties for Federal Rape Cases, dated March, 1995


Symposium:  War and the United States Military: Military Justice, Civilian Clemency: The Sentences of Marine Corps War Crimes in South Vietnam, Professor Gary D. Solis, dated Spring, 2000

The Sentencing Project:  The State of Sentencing 2007: Developments in Policy and Practice, Mr. Ryan S. King, dated January, 2008

University of Pittsburgh Legal Studies Research Paper Series:  When Mandatory Isn't Required: Mandatory Sentences Under the UCMJ, Mr. David Jason Rankin Frakt, dated September, 2012

The United States Sentencing Commission:  Case Annotations and Resources, Military Service, USSG §5H1.11 Departures and Booker Variances, dated January, 2012

The United States Sentencing Commission:  Guidelines Manual, Appendix B, dated May 1, 2013

The United States Sentencing Commission:  Sex Offense Primer: Sexual Abuse and Failure to Register Offenses, dated March, 2013

The United States Sentencing Commission:  Links to Videos for New Judges, dated February 13, 2013

General Counsel of the Department of Defense Letter to the Response Systems Panel, dated September 4, 2013

 

National Alliance to End Sexual Violence, Policy Statement for Military Sexual Assault, dated July, 2013


US Sentencing Commission, Office of Education & Sentencing Practice, Criminal Sexual Abuse & Abusive Sexual Contact Scenarios, dated February 4, 2014

A Decade of Truth-In-Sentencing in Virginia

Virginia Crime Codes, Penalties for Sex Offenses in Virginia

Virginia Sentencing Guidelines Manual, Rape Sentencing Guidelines Cover Sheet

Virginia Sentencing Guidelines Manual, Forcible Rape, Forcible Sodomy, Object Sexual Penetration, Section C Recommendation Table

Virginia Criminal Sentencing Commission, Overview of State Sentencing Guidelines Systems and Sentencing Guidelines for Sexual Assault Offenses in Virginia

Virginia Sentencing Guidelines Manual, Other Sexual Assault Sentencing Guidelines Cover Sheet

 

Virginia Sentencing Guidelines Manual, Other Sexual Assault. Section C Recommendation Table

Virginia Department of Corrections, Presentence Investigation Report, Offender Information

 

Advisory Commission Report - The Military Justice Act of 1983, Volume I

Advisory Commission Report - The Military Justice Act of 1983, Volume II

25 Quinnipiac Law Review 401, Sentencing Disparity in Desertion and Absent Without Leave Trials: Advocating a Return of "Uniform" to the Uniform Code of Military Justice, dated 2006

52 Air Force Law Review 213,Civilian Versus Military Justice in the United States: A Comparative Analysis, dated 2002

54 Naval Law Review 169, Convening Authority Clemency: Is It Really an Accused's Best Chance of Relief?, dated 2007

58 Naval Law Review 39, The Need for Sentencing Reform in Military Courts-Martial, dated 2009


67 Air Force Law Review 245, This Court-Martial Hereby (Arbitrarily) Sentences You: Problems with Court Member Sentencing in the Military and Proposed Solutions, dated 2011

90 Boston University Law Review 2223, Is Punishment Relevant After All? A Prescription for Informing Juries of the Consequences of Conviction, dated December, 2010

114 Military Law Review 87, To Determine an Appropriate Sentence: Sentencing in the Military Justice System, dated Fall, 1986

142 Military Law Review 1, Abolition of Court Member Sentencing in the Military, dated Fall, 1994

163 Military Law Review 91, Revising the Court Member Selection Process, dated March, 2000

 

214 Military Law Review 1, Beyond "T.B.D.": Understanding VA's Evaluation of a Former Servicemember's Benefit Eligibility Following Involuntary or Punitive Discharge from the Armed Forces, dated Winter, 2012

1988 Army Lawyer 26, Sentencing Reform: Toward a More Uniform, Less Uniformed System of Court-Martial Sentencing, dated July, 1988

 

Too Severe?: A Defense of the Federal Sentencing Guidelines (And a Critique of Federal Mandatory Minimums), Paul G. Cassell

 

 

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