Tuesday, August 13, 2013

Shouldn't AG Holder's speech impact federal judges at sentencing ... such as Jesse Jackson Jr.'s?

In this post late yesterday, I provided a lot of lengthy excerpts from Attorney General Eric Holder's remarks to the ABA calling for significant sentencing reforms.  Today I have been thinking about an abridged summary of the AG's speech which, were I advocating for a federal defendant in court at sentencing, I might commit to memory:

Attorney General Eric Holder, the nation's top prosecutor and leader of the federal criminal justice system, has expressly complained that “our system is in too many respects broken.”  AG Holder has called some federal mandatory minimum prison terms “excessive” and “draconian” and asserted “they oftentimes generate unfairly long sentences”; he has asserted that “people of color often face harsher punishments than their peers” and called this “reality” both “shameful” and “unworthy of our great country.” 

Most fundamentally, AG Holder has now repeatedly lamented that “too many Americans go to too many prisons for far too long, and for no truly good law enforcement reason,” and he has cajoled “every member of our profession” to recognize that “it’s well past time” to consider a “fundamentally new approach” in order to “break free of a tired status quo” and “take bold steps to reform and strengthen America’s criminal justice system.”

Indeed, AG Holder has said that “together we must declare that we will no longer settle for such an unjust and unsustainable status quo” and that “this is our solemn obligation, as stewards of the law, and servants of those whom it protects and empowers.” For these reasons, your honor, I respectfully contend that imposing a guideline sentence (or whatever prison sentence sought by the prosecution) would risk reinforcing an unjust and unsustainable status quo.
I would think this advocacy could and should be especially effective when defendants are people of color whom, according to the US Attorney General, "often face harsher punishments than their peers.” People like, for example, Jesse Jackson Jr. and Sandi Jackson who, as detailed in recent press reports here and here, are scheduled to be sentencing tomorrow in federal district court in DC.

August 13, 2013 in Offender Characteristics, Offense Characteristics, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Race, Class, and Gender, Who Sentences? | Permalink | Comments (24) | TrackBack

Friday, August 02, 2013

"Sentencing Reform Starts to Pay Off"

The title of this post is the headline of this (too short) new New York Times editorial. Here is the text:

In 2010, Congress passed the Fair Sentencing Act, which reduced the vast disparity in the way the federal courts punish crack versus powder cocaine offenses. Instead of treating 100 grams of cocaine the same as 1 gram of crack for sentencing purposes, the law cut the ratio to 18 to 1. Initially, the law applied only to future offenders, but, a year later, the United States Sentencing Commission voted to apply it retroactively. Republicans raged, charging that crime would go up and that prisoners would overwhelm the courts with frivolous demands for sentence reductions. Senator Charles Grassley of Iowa said the commission was pursuing “a liberal agenda at all costs.”

This week, we began to learn that there are no costs, only benefits. According to a preliminary report released by the commission, more than 7,300 federal prisoners have had their sentences shortened under the law. The average reduction is 29 months, meaning that over all, offenders are serving roughly 16,000 years fewer than they otherwise would have. And since the federal government spends about $30,000 per year to house an inmate, this reduction alone is worth nearly half-a-billion dollars — big money for a Bureau of Prisons with a $7 billion budget. In addition, the commission found no significant difference in recidivism rates between those prisoners who were released early and those who served their full sentences.

Federal judges nationwide have long expressed vigorous disagreement with both the sentencing disparity and the mandatory minimum sentences they are forced to impose, both of which have been drivers of our bloated federal prison system. But two bipartisan bills in Congress now propose a cheaper and more humane approach. It would include reducing mandatory minimums, giving judges more flexibility to sentence below those minimums, and making more inmates eligible for reductions to their sentences under the new ratio.

But 18 to 1 is still out of whack. The ratio was always based on faulty science and misguided assumptions, and it still disproportionately punishes blacks, who make up more than 80 percent of those prosecuted for federal crack offenses. The commission and the Obama administration have called for a 1-to-1 ratio. The question is not whether we can afford to do it, but whether we can afford not to.

As my many blog posts highlight, there is a lot more which can and needs to be said concerning all the topics that this editorial touches upon. But I am very pleased to see that the Times is noticing the impact of recent federal sentencing reforms and call for more.

August 2, 2013 in New crack statute and the FSA's impact, Prisons and prisoners, Race, Class, and Gender, Scope of Imprisonment, Sentences Reconsidered, Who Sentences? | Permalink | Comments (4) | TrackBack

Tuesday, July 30, 2013

New USSC data on implimentation and impact of retroactive crack guidelines after FSA

I just noticed on the US Sentencing Commission's website this new data report carrying the title "Preliminary Crack Retroactivity Data Report; Fair Sentencing Act."  This report, dated July 2013, appears to be the latest accounting of who has (and has not) received the benefit of retroactive application of the 2011 amendments to the federal sentencing guidelines for crack offenses which implemented the new 18-1 crack/powder ratio that Congress created via the Fair Sentencing Act of 2010.

Based on the information reflected in Tables 1 amd 8 of this data report, it appears that just over 7300 defendants received, on average, a 29-month reduction in their crack sentences thanks to the new FSA-inspired crack guidelines being made retroactive.  Significantly, this average reduction merely lowered the average crack sentence from roughly 12.5 years to just over 10 years for the group receiving sentence reductions; this means that even the new-average-lowered sentence for crack offenses were still significantly higher that the average sentences imposed for any other federal drug crimes.

For those eager to gauge the potential economic impact of FSA retroactivity, it appears that the retroactive guidelines as implemented has now saved almost 16,000 cumulative years of federal imprisonment, with a consequent savings to federal taxpayers of approximately a half-billion dollars (based on a conservative estimate of a taxpayer cost of roughly $30,000 per prisoner for each year of federal incarceration).  And for those concerned about racial sentencing dynamics, Table 5 of this data reports that more than 85% of those benefiting from reduced crack sentences have been black prisoners, demonstrating once again the historically racialized reality of federal crack prosecutions.

As I have said in prior posts, if those defendants who received reduced sentences find ways to become productive (and tax-paying) citizens, the benefits to society will profoundly transcend the saved incarceration costs. And it those defendants do not learn the error of their law-breaking ways, I both expect and hope they will really get the sentencing book thrown at them if ever up for sentencing again.

July 30, 2013 in Data on sentencing, Detailed sentencing data, New crack statute and the FSA's impact, New USSC crack guidelines and report, Race, Class, and Gender, Scope of Imprisonment, Sentences Reconsidered | Permalink | Comments (0) | TrackBack

Monday, July 29, 2013

New Slate pitch for Prez to use clemency powers to address crack sentencing disparities

Thanks to the suggestions, and insights and energy of Harlan Protass, a criminal-defense lawyer in New York and an adjunct professor at the Cardozo School of Law, some ideas expressed in this recent post concerning the President Obama's words and (lack of) actions now find expression in this new Slate commentary.  Here is how the piece, co-written by me and Harlan, starts and finishes:

President Barack Obama, commenting last week on George Zimmerman’s acquittal in Trayvon Martin’s death, remarked on “a history of racial disparities in the application of our criminal laws — everything from the death penalty to enforcement of our drug laws.”  A few months earlier, Attorney General Eric Holder similarly lamented new government data suggesting that even today “black male offenders” are sentenced to federal prison terms “nearly 20 percent longer than those imposed on white males convicted of similar crimes.”  These statements reveal that our nation’s first African-American president and first African-American attorney general are aware of serious racial discrimination in the administration of our nation’s criminal laws.  The question is what they plan to do about it?

Neither the president, nor his attorney general, has followed-up or suggested a fix for the problem.  Yet with one signature, Obama could make a remarkable difference: He could use his constitutional powers to commute the sentences of thousands of disproportionately black inmates serving excessive prison terms for crack cocaine offenses.  Put bluntly, rather than dropping occasional comments about high-profile criminal-justice incidents with racial overtones, both the president and the attorney general should make a focused and sustained effort to redress longstanding criminal justice disparities....

Back in 2009, Holder famously described us as a “nation of cowards” in dealing with race issues.  And while both Holder and the president seem to have the courage to speak about high-profile cases, they have yet to show the fortitude and focus needed to turn high-profile controversies into constructive opportunities.  If President Obama is genuinely committed to addressing racial disparities in the enforcement of our criminal laws, he can grant clemency today, and then make a sustained commitment to addressing these issues throughout his second term.  If he fails to do so, he can, justifiably, be called our nation’s “Coward-in-Chief” where race is concerned.

July 29, 2013 in Clemency and Pardons, New crack statute and the FSA's impact, Prisons and prisoners, Race, Class, and Gender, Scope of Imprisonment, Who Sentences? | Permalink | Comments (33) | TrackBack

Friday, July 26, 2013

If you have any concerns about female federal prisoners...

Danburythen you should be especially troubled by this new blog post by Todd Bussert titled "New Hardships For Female Prisoners." That post spotlights this new Slate piece by LawProf Judith Resnik, which highlights the main concern via its headline and subheading: "Harder Time: Why are the federal prison beds for women in the Northeast going to men — while the women get shipped to Alabama?". Here is an excerpt from the Slate piece:

This August, the Federal Bureau of Prisons plans to start shipping women out of its only prison for women in the Northeast, located in Danbury, Conn. — 70 miles from New York City, and in easy reach of visitors for the many prisoners who come from there.

Danbury (where Piper Kerman, who wrote Orange is the New Black, did her time) will soon have only 200 spots for women (in a separate low-security camp).  The prison’s other 1,100 beds will go to men.  Most of the women are slated to be sent to a new 1,800-bed facility in Aliceville, Ala. — 1,070 miles from New York City, a drive that takes nearly 16 hours.

Becoming the site of a new federal prison is good news for Aliceville, population 2,500.  As a New York Times editorial explained last year, Alabama Sen. Richard Shelby promoted the facility as an economic boost to the area.  It cost the federal government $250 million.  But as the newspaper also commented, the government bought a “white elephant.” Aliceville is hard for anyone without a car to get to. There is no train station or airport nearby.  Aliceville has no medical center or university, nor many lawyers, religious leaders, or other service providers.

The federal Bureau of Prisons houses about 220,000 people.  Fewer than 7 percent (about 14,500) are women, most of them sentenced for nonviolent crimes, such as drug offenses. Of the 116 facilities the bureau runs, 27 have some beds for women, and seven — counting Danbury — have been exclusively for women.  Danbury is the only prison placement in the Northeast for women.  The federal jails in Brooklyn, N.Y., and Philadelphia are for pretrial detainees.  Other federal facilities for women comparable to Danbury are many miles away, in West Virginia, Florida, and Minnesota....

Being moved far from home limits the opportunities of women being moved out of Danbury; it hurts them in prison and once they get out.  Recent research from Michigan and Ohio documents that inmates who receive regular visits are less likely to have disciplinary problems while in prison and have better chances of staying out of prison once released.

The Bureau of Prisons knows this, as it recognizes the importance of “family and community ties” in its classification system.  The bureau gives inmates points for family ties when assessing the degree of security in which to place individuals.  Getting visits also counts toward qualifying for a transfer to a less secure facility.

Most women come to prison from households with children.  According to the National Women’s Law Center, more than one-half of female federal prisoners have a child under the age of 18.  Last month, the director of the federal prison system sent a memo to all inmates to announce that his staff was “committed to giving you opportunities to enhance your relationship with your children and your role as a parent.”  In addition to letters and calls, he hoped that inmates’ families would bring their children to visit. “There is no substitute for seeing your children, looking them in the eye, and letting them know you care about them,” he wrote.

But for prisoners from New England and the mid-Atlantic states, the move to Aliceville closes off those possibilities.  Placement in Aliceville also makes it harder for lawyers to see their clients and provide help on problems ranging from losing custody of children to challenging convictions.  

What’s the justification for moving Danbury’s women to Aliceville? To make the argument for the large new complex, the Bureau of Prison claimed that Aliceville would benefit women, because the existing facilities for them were about 55 percent over capacity. What the BOP did not mention was that it planned to turn over women’s beds in Danbury to make room for lower security male inmates, also housed in overcrowded facilities.

The skyrocketing numbers of people in prison is a well-known tragedy.  Adding to it is the isolation to which women at Aliceville are being condemned.  The Bureau of Prisons itself describes women as mostly nonviolent and lower escape risks than men.  Why not, therefore, keep Danbury open, as well as send women to community-based facilities near their families, and provide educational options, job training, and treatment programs? Instead of taking a route consistent with its own policies, and newly announced commitments to parenting by prisoners, the government is sending hundreds of women on a long hard trip to Aliceville.

July 26, 2013 in Prisons and prisoners, Race, Class, and Gender, Scope of Imprisonment, Who Sentences? | Permalink | Comments (5) | TrackBack

Sunday, July 21, 2013

"Clemency Reform: We're Still Waiting"

The title of this post is the headline of this recent commentary by Julie Stewart, the President of Families Against Mandatory Minimums (FAMM), appearing at The Huffington Post.  Here are excerpts:

A year ago, The Washington Post and ProPublica reported that the Obama administration was set to reverse its poor record on clemency. At the time, President Obama was coming under growing pressure from sentencing law experts, sentencing reform groups, and civil rights organizations for granting fewer commutations and pardons than any president in modern history. Frustration was high because, in 2008, then-candidate Obama had railed against lengthy mandatory minimum sentences for nonviolent offenders, a growing population within the federal prison system.

In an apparent attempt to address this frustration as Election Day 2012 approached, an unnamed administration official told the Post-ProPublica, "There will be 76 days between the election and inauguration for the president to exercise his [clemency] power." Advisers said he planned to act whether he won or lost the election.

It didn't happen. Since winning reelection, President Obama has not commuted a single sentence. Instead, during the first nine months of fiscal year 2013, the president has denied 2,232 requests for commutation, more than any other president in history denied in a single year.

Last week, the Justice Department sent a letter to the U.S. Sentencing Commission warning that the growing federal prison population was causing severe budgetary problems. The Department said policymakers were confronted with a stark choice: either "reduce the prison population and prison spending" or be prepared for "fewer prosecutors to bring charges, fewer agents to investigate federal crimes, less support to state and local criminal justice partners, less support for treatment, prevention and intervention programs, and cuts along a range of other criminal justice priorities."

Rather than jeopardize public safety by cutting investigators and prosecutors, the Department recommended that the Sentencing Commission (and Congress) reduce drug penalties for low-level offenders and "focus severe penalties on serious and repeat drug traffickers." The question our country faces, the Department wrote, is "how will those involved in crime policy ensure that every dollar invested in public safety is spent in the most productive way possible?"

If the administration wants to make certain every dollar of our nation's public safety budget is spent productively, as it should, President Obama should begin to exercise his executive clemency authority. For starters, he might look at the 2,000 individuals serving sentences of life without parole for drug crimes. He also should look at the 8,800 individuals serving lengthy crack cocaine sentences that were based on a formula that was repudiated by Congress when it passed the Fair Sentencing Act of 2010....

The pardon power can't fix 30 years of flawed policy, but it can provide meaningful -- and best of all, immediate -- relief to thousands who have already served long sentences and who pose no threat to public safety. It has been a year since the White House said it would get moving on clemency. We're still waiting.

I believe Julie wrote this commentary before the President made his remarks about the Martin/Zimmerman case on Friday.  But Prez Obama said just days ago that the "African American community is also knowledgeable that there is a history of racial disparities in the application of our criminal laws -- everything from the death penalty to enforcement of our drug laws." Rather than simply talk about what he views as "history of racial disparities in the application of our criminal laws," perhaps Prez Obama might think about actually doing something about them by, for example, granting at least a few commutations to at least a few federal prisoners still serving extreme crack sentences under the pre-FSA 100-1 drug quantity sentencing ratio.

Sadly, it seems yet again that our nation's first African-American President (as well as its first African-American Attorney General) are far more eager to talk the talk than to walk the walk when it comes to criminal justice reform.

UPDATE:  I have just seen that Mark Osler has forcefully argued that the Obama Administration should be getting to work on crack clemencies rather than fly-speck the Zimmerman case in this commentary at MSNBC headlined "The speck in Florida’s eye, and the log in DOJ’s."  Here is one key paragraph from Mark's commentary:

For this administration to re-open the Zimmerman case, with all the resources that will take, would be the equivalent of pointing at the speck in Florida’s eye while ignoring the log in its own. While the Trayvon Martin case involved one tragedy, more than 5,000 African-Americans remain in prison under lengthy federal sentences under a sentencing regime which has now been rejected by all three branches of government. That scheme — which sentenced defendants to the same mandatory minimum term for either 500 grams of powder cocaine or just 5 grams of crack — was rejected by the administration, by the courts, and finally in 2010 by Congress, which reduced the ratio from 100-1 to 18-1.

July 21, 2013 in Clemency and Pardons, Race, Class, and Gender, Sentences Reconsidered, Who Sentences? | Permalink | Comments (6) | TrackBack

Friday, July 19, 2013

Are folks eager to comment on the President's comments on Martin/Zimmerman case?

I have a feeling the answer to the question in the title of this post is yes, and that is why I provide this post and also this link to Politico's list of "Obama's 10 most important lines" in his comments this afternoon. Here are the top three of the top 10 that struck me as most blog-worthy for the SL&P readership:

"The fact that a lot of African-American boys are painted with a broad brush and the excuse is given, well, there are these statistics out there that show that African-American boys are more violent — using that as an excuse to then see sons treated differently causes pain."

"I just ask people to consider if Trayvon Martin was of age and armed, could he have stood his ground on that sidewalk? And do we actually think that he would have been justified in shooting Mr. Zimmerman, who had followed him in a car, because he felt threatened?"

"At least you ask yourself your own questions about, ‘Am I wringing as much bias out of myself as I can? Am I judging people, as much as I can, based on not the color of their skin but the content of their character?’ That would, I think, be an appropriate exercise in the wake of this tragedy."

And, as I too often fear I need to say on this topic and others, let's try to keep it civil (and relatively novel) in the comments, folks.

July 19, 2013 in Procedure and Proof at Sentencing, Race, Class, and Gender, Who Sentences? | Permalink | Comments (40) | TrackBack

Local judge gives poll worker five-year prison term for voter fraud

A colleague alerted me to this notable sentencing story from the Cincinnati area about a woman who received what seems to be a quite severe sentence for voter fraud.  The piece is headlined "Illegal voter gets 5-year prison term," and here are the details:

Calling her a common criminal who abused her authority as a poll worker by violating the principle of “one person, one vote,” a judge sent Melowese Richardson to prison Wednesday for five years following her illegal voting conviction.

“This is not a little thing. It’s not a minor thing. This is what our country’s based on – free elections,” Hamilton County Common Pleas Court Judge Robert Ruehlman told Richardson.

In a case watched around the country, Richardson was a Hamilton County poll worker from 1998 until her arrest earlier this year when she was charged with eight counts of illegal voting. In May, she accepted a plea deal and was convicted of four counts in exchange for the other four being dismissed.

She was convicted of voting twice in the 2012 election and voting three times – in 2008, 2011 and 2012 – for her sister, Montez Richardson, who has been in a coma since 2003.... Richardson told the judge she was bothered that Amy Searcy, the Board of Elections director, had criticized her moments before the sentencing....

The conservative, outspoken judge responded with scathing comments, blasting Richardson for suggesting she was being prosecuted because she was a black Democrat helping a black Democratic presidential candidate. “It has nothing to do with race. It has nothing to do with politics. It has nothing to do with disrespecting you. You did this to yourself,” Ruehlman told her.

“You’re very selfish, self-centered. I really believe President Obama, if he were asked about this today, he would be appalled. He would not want anybody to cheat to get elected.”

Ruehlman noted that two others convicted of illegal voting before Richardson got much lighter sentences but stressed their cases were different. The judge noted Richardson deserved a prison sentence, which was one year less than the maximum possible, because she has a lengthy criminal record, schemed repeatedly over five years to cast several illegal votes and used her training and expertise as a poll worker to try to evade detection.

“‘I’m Melowese Richardson. I can take the law into my own hands,’” the judge said, mocking what he believes is Richardson’s attitude.

Richardson previously was convicted of threatening to kill a witness in a criminal case against her brother, of stealing, of drunken driving and of beating someone in a bar fight.

Anything short of a prison sentence, Assistant Prosecutor Bill Anderson told the judge, would be an attack on the voting system. As a poll worker, “her job is actually to protect the integrity and sanctity of the voting system,” Anderson said. “(She) is an ideologue who was hell bent on stuffing the ballot box with as many Obama votes as possible.”

Bill Gallagher, Richardson’s lawyer, suspected she would be sent to prison but was surprised by the sentence. “I thought prison was a real possibility because of her record of 25 years ago,” Gallagher said. “I don’t think that the length of it was any where near what we expected.”

July 19, 2013 in Offense Characteristics, Race, Class, and Gender, White-collar sentencing, Who Sentences? | Permalink | Comments (6) | TrackBack

Wednesday, July 17, 2013

New report suggests ways to eliminate criminal justice racial and ethnic disparities

Racial_disparity_report_featureThe National Association of Criminal Defense Lawyers has this new press release reporting on a notable new report about American criminal justice systems.   Here is how the press release starts (with a link to the report):

Issued today, a groundbreaking report on a matter of immense public importance — Criminal Justice in the 21st Century: Eliminating Racial and Ethnic Disparities in the Criminal Justice System — is a critically important and inclusive examination of the profound racial and ethnic disparities in America’s criminal justice system, and concrete ways to overcome them.

This conference report prepared by Consultant Tanya E. Coke is based upon a multi-day, open and frank discussion among a distinguished group of criminal justice experts — prosecutors, judges, defense attorneys, scholars, community leaders, and formerly incarcerated advocates.  This three-day convening was held October 17-19, 2012, at the New York County Lawyers’ Association’s historic Home of Law and was co-sponsored by the following organizations: the Association of Prosecuting Attorneys, the Brennan Center for Justice at New York University School of Law, the Foundation for Criminal Justice, the National Association of Criminal Defense Lawyers, the Center for NuLeadership on Urban Solutions, and the New York County Lawyers’ Association.

The conference was designed not only to acknowledge that racial and ethnic disparities exist in the system, but to examine best practices around the country that address and seek to remedy those disparities.  This report summarizes the candid, sometimes painful panel discussions, and identifies the panoply of remedies that may advance the goal of eliminating the disparate racial and ethnic impact from America’s criminal justice system. More than 2.2 million people are behind bars in America — an absolute and per capita figure that exceeds any other nation on earth. According to the latest available data, nearly 60% of those incarcerated people are Blacks and Latinos, more than double the percentage of these groups in the general population.  And a staggering 65 million adults in the United States — approximately one in four — now have a criminal record, and all of the debilitating consequences of such a record.

As set forth in detail in the report, what lies behind these shocking figures is a system in which racial and ethnic minorities are disproportionately represented as defendants and incarcerated persons.  The report explains the factors that have led to this outcome and, while the conference focused on the criminal justice system in New York City, the recommendations put forward by the participants have broad implications for reform nationally.

July 17, 2013 in Race, Class, and Gender | Permalink | Comments (1) | TrackBack

Tuesday, July 16, 2013

Notable comments on self-defense laws by Attorney General Eric Holder

Attorney General Eric Holder spoke at great length today about the Zimmerman case in this speech to the NAACP National Convention.  Here is the heart of an interesting legal discussion about self-defense laws that most caught my attention as a criminal law professor who will be teaching a group of brand new new law students about these topics only a few months from now:

Separate and apart from the case that has drawn the nation’s attention, it’s time to question laws that senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhoods. These laws try to fix something that was never broken. There has always been a legal defense for using deadly force if — and the “if” is important — no safe retreat is available.

But we must examine laws that take this further by eliminating the common sense and age-old requirement that people who feel threatened have a duty to retreat, outside their home, if they can do so safely.  By allowing and perhaps encouraging violent situations to escalate in public, such laws undermine public safety.  The list of resulting tragedies is long and — unfortunately — has victimized too many who are innocent. It is our collective obligation — we must stand our ground — to ensure that our laws reduce violence, and take a hard look at laws that contribute to more violence than they prevent.

We must also seek a dialogue on attitudes about violence and disparities that are too commonly swept under the rug — by honoring the finest traditions established by generations of NAACP leaders and other nonviolent advocates throughout history; and by paying tribute to the young man who lost his life here last year — and so many others whose futures have been cut short in other incidents of gun violence that pass, too often unnoticed, in our streets: by engaging with one another in a way that is at once peaceful, inclusive, respectful — and strong.

As we move forward together, I want to assure you that the Department will continue to act in a manner that is consistent with the facts and the law.  We are committed to doing everything possible to ensure that — in every case, in every circumstance, and in every community — justice must be done.

July 16, 2013 in Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Race, Class, and Gender, Who Sentences? | Permalink | Comments (29) | TrackBack

Thursday, July 11, 2013

Full Sixth Circuit grants en banc review in Blewett

A mere days after the Sixth Circuit panel in the Blewett case (which concerns possible retroactive relief for some crack defendants) decided not to alter its original opinion (details here), the full Sixth Circuit today entered this order:

ORDER filed granting petition for en banc rehearing filed by [AUSA] Ms. Candace G. Hill, to reinstate appeals. The previous decision and judgment of this court is vacated, the mandate is stayed. The Clerk has directed the parties to file supplemental briefs. Final briefing will be concluded on August 29, 2013. These cases will be argued before the en banc court on October 9, 2013, 1:30 P.M., EST.

This is not a big surprise, and I think it likely means that the full Sixth Circuit is not too keen on the equal protection arguments used by the Blewett panel.  I fear that the full Sixth Circuti might not also be too keen on the Eighth Amendment arguments I put forward in this case late last month (details here), but that is not likely to deter me from filing additional papers concerning my Eighth Amendment ideas come August. I also may ask the Sixth Circuit for argument time (through I am not especially confident that anything which transpires at oral argument in this kind of case is going to move the opinions of many of the judges).

 Related posts on Blewett:

July 11, 2013 in New crack statute and the FSA's impact, Race, Class, and Gender, Sentences Reconsidered, Who Sentences? | Permalink | Comments (9) | TrackBack

Tuesday, July 09, 2013

After supplemental Blewett briefing, Sixth Circuit panel stands pat

As regular readers likely recall, almost two month ago a split Sixth Circuit panel in US v. Blewett, No. 12-5226 (6th Cir. May 17, 2013) (available here), used equal protection principles to justify giving the new crack statutory sentencings levels of the Fair Sentencing Act retroactive effect.  And last month, as reported in this post, the Sixth Circuit responded to the Government's en banc petition with a letter to the parties express seeking additional briefing "addressing whether the Blewetts’ punishment in this case based on a 100-to-1 ratio of crack to powder cocaine is constitutionally disproportionate in violation of the Eighth Amendment’s Cruel and Unusual Punishments Clause. "  I reported on the amicus brief covering Eighth Amendment issues that I wrote and filed on behalf of NACDL via this post, and I have been overdue in uploading these supplemental filings sent in by the parties:

Thanks to the fact that I am now in the case via my amicus efforts, I received via the automatic notification system this report on activity in the case this week:

Activity has occurred in the following cases: 12-5226 [USA v. Cornelius Blewett], judge order filed

ORDER filed. The judges of the panel adhere to their respective original opinions. The panel directs that the responses of the parties and the amicus brief of the National Association of Criminal Defense Lawyers be made part of the record in this case. Gilbert S. Merritt, Boyce F. Martin , Jr., and Ronald Lee Gilman, Circuit Judges.

This order is not especially surprising, but it is still noteworthy. And it now puts the onus on other judges of the Sixth Circuit to take up this case en banc within the next month, as the Sixth Circuit rules provides that "[a]ny active judge or any member of the panel whose decision is the subject of the rehearing may request a poll within 14 days from the date of circulation of the petition and the panel's comments. If a poll is requested, 14 days are allowed for voting." In other words, within the next 28 days, we should know for sure if the full Sixth Circuit will rehear the Blewett case or if instead the feds will have to ask SCOTUS to review the consequential work of the Blewett panel. Related posts on Blewett:

July 9, 2013 in New crack statute and the FSA's impact, Race, Class, and Gender, Sentences Reconsidered, Who Sentences? | Permalink | Comments (0) | TrackBack

Saturday, July 06, 2013

Accounting for the high costs of a lingering death row in Connecticut

This local article from the Nutmeg State, headlined "Taxpayers' Costs Top $3.5 Million For Death Row Inmates' Lawsuit," details that the statutory repeal of the death penalty in Connecticut has not repelled all the costs of capital litigation.  Here are the pricey basics:

The cost to taxpayers of a long-running racial-bias lawsuit by death-row inmates has topped $3.5 million, with more possible before an expected judge's ruling within a few months — and then a possible appeal by whoever loses.  News coverage of the habeas corpus lawsuit in state Superior Court has centered on the trial late last year of claims by five convicted killers that Connecticut's death penalty is biased racially, ethnically and geographically....

[The] totals [now of] slightly more than $3.5 million .... doesn't include the time devoted to the case by the salaried staff members of [Chief State's Attorney Kevin] Kane's office, who have opposed the inmates' claims of bias in the administration of the death penalty. Kane was asked for an estimate more than a week ago, but said it would be difficult to compile and didn't come up with one by Friday.

The tally also doesn't include possible additional payments to the expert witness for the inmates, Stanford Law School professor John J. Donohue III. Records show that Donohue was paid $100,000 from 2006 to 2008. But he's done a lot of work since then, including testifying at the trial last year, said the lead lawyer for the inmates, David Golub of Stamford.  For all the time Donohue has put in, he might be owed "millions," Golub said, although he didn't know how much of that the state would actually end up paying him.

The inmates pursuing the bias suit want their sentences converted to life imprisonment without parole.  The trial of the case ended in December and Judge Samuel J. Sferrazza is expected to render a decision within several months....

The trial was conducted for more than 10 days from September to December in a makeshift courtroom inside Northern Correctional Institution in Somers, which houses the state's 11 death-row inmates. The 11 men on death row still face execution despite the state legislature's abolition of the death penalty in 2012. The abolition doesn't apply to people already on death row whose crimes predated the legislation....

The inmates' claims grew out of a study of Connecticut death penalty prosecutions first authorized by the state Supreme Court in 1995 after it was presented with information indicating that the administration of the death penalty had been disproportionally applied to black defendants, or to defendants whose victims were white. The Supreme Court directed that the information be analyzed to explain any racial disparities. That led to a study by Donohue of all homicides prosecuted in Connecticut between 1973 and 2006. Donohue concluded, and testified in court, that there has been bias. Michelson, the state's expert, has disputed that.

July 6, 2013 in Death Penalty Reforms, Procedure and Proof at Sentencing, Race, Class, and Gender, Sentences Reconsidered | Permalink | Comments (14) | TrackBack

Wednesday, June 26, 2013

"Texas carries out 500th execution with Kimberly McCarthy"

The title of this post is the headline of this new AP article, which gets started this way:

Texas marked a solemn moment in criminal justice Wednesday evening, executing its 500th inmate since it resumed carrying out capital punishment in 1982.  Kimberly McCarthy, who was put to death for the murder of her 71-year-old neighbor, was also the first woman executed in the U.S. in nearly three years.

McCarthy, 52, was executed for the 1997 robbery, beating and fatal stabbing of retired college psychology professor Dorothy Booth.  Booth had agreed to give McCarthy a cup of sugar before she was attacked with a butcher knife and candelabra at her home in Lancaster, about 15 miles south of Dallas.  Authorities say McCarthy cut off Booth's finger to remove her wedding ring.  It was among three slayings linked to McCarthy, a former nursing home therapist who became addicted to crack cocaine.

She was pronounced dead at 6:37 p.m. CDT, 20 minutes after Texas prison officials began administering a single lethal dose of pentobarbital.

Texas has carried out nearly 40 percent of the more than 1,300 executions in the U.S. since the Supreme Court allowed capital punishment to resume in 1976. The state's standing stems from its size as the nation's second-most populous state as well as its tradition of tough justice for killers.

June 26, 2013 in Death Penalty Reforms, Race, Class, and Gender, Who Sentences? | Permalink | Comments (20) | TrackBack

Tuesday, June 25, 2013

"Equal justice: An appeals court wisely rules on drug sentencing"

The title of this post is the headline of this notable new editorial appearing in today's Pittsburgh Post-Gazette discussing and praising last month's Sixth Circuit ruling in Blewett (basics here).   Here are excerpts:

In the nation's long, costly and practically futile war on drugs, severe sentencing disparities between crack and powder cocaine stand out as an egregious and misguided policy that was stoked by near-hysteria.

Convinced that crack cocaine was 100 times more dangerous than powder cocaine, lawmakers in 1986 enacted a notorious 100-to-1 sentencing scheme that levied the same prison sentence for possessing 5 grams of crack as it did for 500 grams of powder.

A 2010 law, the Fair Sentencing Act, restored some sanity to federal sentencing laws by narrowing considerably the disparities in sentencing between crack and powder. Unfortunately, the law did not spell out whether the new standards applied retroactively to people who were sentenced before it was enacted.

This month, however, a federal appeals court in Cincinnati ruled correctly that those sentenced for crack cocaine violations before the 2010 law was enacted can be resentenced under the new law. The cleanest and best solution would be for Congress to amend the Fair Sentencing Act to make it fully retroactive.

Until then, the ruling by the appeals court opens the door for thousands of inmates to ask federal judges to shorten their prison sentences. It expands a U.S. Supreme Court ruling last year that applied the Fair Sentencing Act to people who committed crack cocaine crimes shortly before more lenient penalties took effect in 2010.

It's time to undo fully these unjust and irrational sentences, which treated powder cocaine users -- who were typically white and often affluent -- far more leniently than the mostly black and poor users of crack cocaine.

Related posts on Blewett:

June 25, 2013 in Mandatory minimum sentencing statutes, New crack statute and the FSA's impact, Race, Class, and Gender, Sentences Reconsidered, Who Sentences? | Permalink | Comments (21) | TrackBack

Friday, June 14, 2013

Sixth Circuit calls for briefing on Eighth Amendment in Blewett crack sentencing retroactivity case

In this post a month ago, I first reported that a majorty of a Sixth Circuit panel in US v. Blewett, No. 12-5226 (6th Cir. May 17, 2013) (available here), used equal protection principles to justify giving the new crack statutory sentencings levels of the Fair Sentencing Act retroactive effect.  In that post, I noted that was unsure that a "Fifth Amendment equal protection theory provides a strong constitutional foundation" for Blewett, but I also suggested, "in the wake of the passage of the Fair Sentencing Act and the USSC's implementation of its new 18-1 crack guidelines retroactively, that a proper application of the Eighth Amendment could and should provided a reasoned and reasonable basis to give full retroactive effect to all the provisions of the FSA."  In turn, I was not at all surprised when the government, as reported here, assailed the majority opinion in Blewett when seeking en banc review with the full Sixth Circuit a couple of weeks ago.

I am not quite pleased and excited to learn that the Sixth Circuit now seems interested in the Eighth Amendment as I am in Blewett, as evidenced by the text of a letter sent yesterday to counsel in Blewett

RE: Case Nos. 12-5226/5582

USA v. Cornelius D. Blewett and Jarreous J. Blewitt

Dear Counsel:

In connection with the prosecution’s Petition for Rehearing En Banc, the United States should submit a brief of not more than fifteen (15) pages by June 28, 2013, addressing whether the Blewetts’ punishment in this case based on a 100-to-1 ratio of crack to powder cocaine is constitutionally disproportionate in violation of the Eighth Amendment’s Cruel and Unusual Punishments Clause.  See Solem v. Helm, 463 U.S. 277, 290 (1983) (striking down imposition of sentence of life without parole for passing a worthless check because “a criminal sentence must be proportionate to the crime for which the defendant has been convicted”).  The Blewetts should also submit a brief of not more than thirty (30) pages in response to the Petition for Rehearing En Banc filed by the United States by June 28, 2013, that includes both their response to the Petition for Rehearing and their argument concerning the Eighth Amendment issue stated above.

Download Blewett Letter

I had been assuming the Sixth Circuit was going to grant en banc review in Blewett, and I had been gearing up to author an amicus brief on Eighth Amendment issues once that proceeding was set up and a briefing schedule set. And while I am now so very pleased to discover that the Sixth Circuit has ordered the parties to brief Eighth Amendment issues as it considers the government's en banc petition, I am now uncertain as to whether I can and should try to file my friendly thoughts on this topic with the Sixth Circuit later this month. Thoughts, dear readers?

Related posts on Blewett:

June 14, 2013 in Drug Offense Sentencing, New crack statute and the FSA's impact, New USSC crack guidelines and report, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Race, Class, and Gender, Scope of Imprisonment, Sentences Reconsidered, Who Sentences? | Permalink | Comments (5) | TrackBack

Tuesday, June 11, 2013

Celebrity injustice?: NFL player Chad Johnson gets 30-days in county jail for lawyer butt pat

0610-chad-johnson-video-launch-1As reported in this CNN piece, "Butt pat lands former NFL star Chad Johnson in jail," a low-level sentencing proceeding involving a high-profile defendant in Florida state court has become interesting fodder for debating courtroom decorum and celebrity justice. Here are the intriguing details:

As an NFL player, Chad Johnson patted a lot of men on the butt when he liked their work, but on Monday, defendant Chad Johnson found out that one Florida courtroom was not the place to play that game.

After Johnson patted his lawyer on the rear, Judge Kathleen McHugh rejected Johnson's plea to a probation violation in the domestic violence case involving Johnson and his then-wife, Evelyn Lozada. Johnson was arrested in May for not meeting with his probation officer and was in court Monday to enter a plea.

After he was asked if he was pleased with his attorney, the former wide receiver once known as "Chad Ochocinco" gave his lawyer, Adam Swickle, a gentle pat on the rear.

McHugh was furious when people in the audience laughed. "There's nothing funny about what's going on here today," she told Johnson.

Johnson, 35, replied that he wasn't laughing. Then McHugh said, "I don't think anything's funny about it, Mr. Johnson. This isn't a joke."

Johnson said he didn't do it as a joke. Swickle agreed, saying: "I don't think it was done as any disrespect to the court. I don't think he meant to get a reaction from the court room, judge."

The judge told Johnson she wouldn't accept a plea deal that involved only community service and more anger management counseling. Instead, she sentenced him to 30 days in jail and tacked three months onto his one-year probation, which would have ended in September.

Johnson seemed resigned to his fate. "Love me through the good and the bad because I'm gone love you regardless... See you in 30... " he tweeted later.

As I write this post, I am hearing Skip Bayless and Stephen A. Smith on First Take yelling at each other about sentencing practices, race, gender, incarceration and courtroom activities.  Given that there is this video of what went down (with the key event just before the one-minute mark, and the judge's (over?)reaction just before the two-minute mark), I hope readers will provide their own takes on this notable example of celebrity sentencing.  

June 11, 2013 in Offense Characteristics, Procedure and Proof at Sentencing, Race, Class, and Gender, Who Sentences? | Permalink | Comments (29) | TrackBack

Friday, June 07, 2013

"A Tale of Sound & Fury (But No Transcript): In Defense of Judge Edith Jones"

Edith-Jones-Judge-Edith-H-Jones-Edith-Hollan-JonesThe title of this post is the title of this notable lengthy commentary authored by Tamara Tabo at Above the Law concerning the new complaint of judicial misconduct filed against Fifth Circuit Judge Edith Jones earlier this week. The piece merits a full read for anyone following this brouhaha, and here are some excerpts:

I interned with and clerked for Judge Jones. I didn’t attend the event in Philadelphia [which served as the basis for the complain], and I haven’t spoken with her about this situation, but I don’t claim to be a fully impartial observer. I could be the first among many to attest to her dignity, intellect, and impeccable ethical standards. I could even tell you how generous with her time and supportive she’s been of my law school, a historically (and still predominantly) black institution.

But I don’t need to do that. I don’t need to offer a character reference in order to rebut the accusations made in this complaint. I don’t even need to contest many of the facts that the complaint alleges. While there’s not enough space here to evaluate each of the charges the complaint makes, let’s have a closer look at a few of them, starting with her alleged comments on race.

According to the complaint, Judge Jones asserted that “certain racial groups commit more of these crimes than others.” She said that “[s]adly some groups seem to commit more heinous crimes than others.” When asked to explain her remarks, she stated that there was “no arguing” that “Blacks and Hispanics” outnumber “Anglos” on death row and “sadly” it was a “statistical fact” that people “from these racial groups get involved in more violent crime.”

Note that she did not say that race causes criminality, only that we see a disproportionately high number of violent offenders of certain races. These are facts. Even without knowing her, you could easily conclude that Judge Jones thinks these are unpleasant facts. That would certainly explain her alleged repeated use of the word “sadly” in reference to these statistics about race and crime.

If Judge Jones had followed these facts with a different policy claim, would we consider factual statements to be proof of impartiality or impropriety? Or is it less that what she stated was false and more that it was simply not to some liberal audience members’ liking? One could cite these same facts, then proceed to argue for all manner of social reforms — ones that address the causes of the racial disparity in criminality. Doing so would be entirely compatible with what Judge Jones allegedly said during her speech.

What if Judge Jones had said that males were more likely to commit violent crimes than females? Would that be a problem? More violent offenders in our justice system are, in fact, male than female, after all. Would any reasonable person accuse Judge Jones — herself a non-male! — of undermining “public confidence in the judiciary” or being so gender-biased that she would be unfit to handle criminal cases? I hope not.

Correlation is not causation. Nothing in the complaint shows that Judge Jones suggested or thinks that race causes criminality.

The complaint further alleges that Judge Jones engaged in misconduct when she discussed capital defendants who raise claims of mental retardation. The complaint’s footnote 10 states, “This term is outdated — now generally replaced by “Intellectually Disabled” — and thus Judge Jones’s use of the term “mental retardation” is kept in quotations.”

I work with clients (in a clinical setting, not a legal one) who suffer from severe cognitive impairments. In that setting, I wouldn’t describe a client as “mentally retarded,” because we’re after more precise diagnoses and because, yes, that catch-all term has fallen out of favor. But do you know who does routinely use the term “mentally retarded” in a professional setting? The United States Supreme Court — as quoted in the complaint’s footnote 11, for example. Using that term suggests a willingness to use a legal term of art, not necessarily some outmoded insensitivity to people, say, with Down’s Syndrome.

It is not disrespectful of individuals with disabilities to be angered by false claims of mental retardation, as Judge Jones allegedly was. It does not malign their dignity to suggest that many are capable of choosing between good and evil. Just because one thinks that a particular legal claim is frequently abused does not mean that every instance of such a claim is abusive or legally frivolous. We’re accusing one of the most respected judges of the federal judiciary of misconduct over something that even the Onion satirizes.

The complaint alleges that Judge Jones “indicated that any Mexican National would rather be on death row in the United States than in a Mexican prison” and “stated that Mexico ‘wasn’t about to provide any of their own citizens with the kind of legal protections the person would get in the United States.” The complaint does not even bother to contest this joke, since it’s (a) a joke, and (b) uncontestable. Even the U.S. consulate helpfully reminds U.S. tourists to Mexico that they won’t benefit from little perks of the American justice system such as the presumption of innocence....

What is it we expect judges to talk about when we invite them to speak, if not some “view from the bench”? We expect them to draw on their actual experiences with actual cases. That is, frankly, why most judges are more interesting to listen to than most law professors.

We rightly expect that judges will not publicly comment on cases currently pending before them. To be clear: no affiant claimed that Judge Jones did so. Once again, even if we take their account of what she said as true, it just doesn’t add up to anything worthy of censure.

If there’s one woman on the planet who doesn’t need a pipsqueak like me defending her, that woman is likely Edith H. Jones. She likely will not dignify these charges with any response. I, however, am not so constrained by that sort of dignity. Obviously.

Recent related post:

June 7, 2013 in Death Penalty Reforms, Offender Characteristics, Race, Class, and Gender, Who Sentences? | Permalink | Comments (11) | TrackBack

Thursday, June 06, 2013

Some more thoughtful thoughts on DNA collection and Maryland v. King

UCP text imageAlan Michaels is not only my Dean at the OSU Moritz College of Law, he is also the co-author of Understanding Criminal Procedure (with our colleague Joshua Dressler). Consequently, when he sent an e-mail with some thoughts on the SCOTUS ruling in King concerning DNA collection from arrestees, I was quick to ask his permission to reprint these thoughts in this space.  With his permission, here they are:

1) It is surely true that more crimes will be solved by running the DNA of arrestees through a database of unsolved crimes. But the thing that probably troubles me most about the case (as a normative matter, not thinking about correct doctrinal answer), is that the content of the group “arrestees” is framed in a lot of ways by racial bias, so that the impact of this in the long run will very likely be disproportionate apprehension of guilty individuals of color for these unsolved crimes. I like apprehension of the guilty (a lot!), but the potential disproportionate part is very, very, troubling. Although King was limited to arrestees for “serious” crimes, the writing is on the wall; in other contexts “serious” can mean punishable by six months or more, pretextual arrests are not unheard of even without this DNA incentive, and the Court has made clear that custodial arrest is constitutional even for traffic offenses. Indeed, I was deeply moved by the irony of the decision coming down the same day as this report came out [noted in this prior post] showing that all else equal African-Americans are four times as likely as whites to be arrested for marijuana.

If we are going to use new “super methods” for crime solving, that at least make us hinky about privacy, I think we need to do so in a way that does not have a disproportionate impact on subordinated groups.  As Scalia points out in dissent (making a different point), we would also solve crimes by swabbing all airline passengers....

2) A different thought though, while still focusing on the real world impact: Justice Scalia is in dissent on this one, while Thomas (his originalist compatriot) and Akhil Amar and Neal Katyal [noted in this prior post] think he is wrong about what the framer’s would have said about DNA swabs.  As probably all of you know, I’m not a fan of originalism anyway. I can’t help but notice that this is, once again, a case where Justice Scalia surprisingly is on the side of the criminal defendant as a result of his view of what the framers would have done, but it just happens that the practical impact is most felt around a crime where men are being prosecuted for crimes against women and girls.

First Maryland v. Craig, (Justice Scalia loses war he won first battle of in Coy v. Iowa; child victims of sexual abuse are allowed to testify in separate room from criminal defendant); Second, Crawford (out of court statements where witness unavailable newly excluded as constitutional matter — big impact in domestic violence prosecutions, where victim’s statements previously admitted under hearsay exception when victim would not testify at trial), and now King (DNA that he would forbid being collected used most frequently to solve rapes and other sexual assaults).   As one colleague pointed out to me, there are an at least equal number of Justice Scalia pro-defendant cases that do not have this feature (against searches of cars incident to arrest, against warrantless thermal imaging of a home, his anti-Terry view, to name a few), but it may still be a notable feature of relying exclusively on centuries-old perspectives to resolve contemporary problems — something to be considered in weighing the merits of interpretive methods.

Recent related posts:

June 6, 2013 in Procedure and Proof at Sentencing, Race, Class, and Gender, Who Sentences? | Permalink | Comments (4) | TrackBack

Wednesday, June 05, 2013

"NC House vote moves Racial Justice Act closer to repeal"

The title of this post is the headline of this new local article concerning the latest efforts in North Carolina to undo a law that has placed a significant hurdle in the state's efforts to administer the death penalty.  Here are the basics:

The legislature took another step Tuesday toward wiping out a signature law that allows convicted killers to be spared the death penalty if they can show court decisions tainted by racial bias.

The 77-40 vote in the state House was largely along party lines, with one Democrat joining all Republicans to repeal the law called the Racial Justice Act. The preliminary vote — the House will likely take another vote Wednesday — came after more than an hour of debate....

The law’s supporters read names of men wrongly convicted of murder, while it’s detractors recited names of murder victims.  “Keep in your minds the victims of the heinous, heartless, cold-hearted killers,” said Rep. Nelson Dollar, a Cary Republican.

The 2009 law allowed people sentenced to death to use statistical evidence to show that race played a significant part in their trial or in the prosecutor’s decision to seek the death penalty.  Successful challengers have their death sentences commuted to life in prison.

Last year, the legislature weakened the law by narrowing the use of statistics.  The bill moving through the legislature this year would erase the law.  The bill would also prevent regulatory boards from penalizing doctors, nurses and other health care professionals from assisting in executions.  In 2007, the N.C. Medical Board said it would punish doctors that participated in executions.  State law requires that a doctor be present. The N.C. Supreme Court ruled in 2009 that the board had exceeded its authority....

Racial Justice Act supporters said it has exposed racial bias, and so far, has led to findings that prosecutors improperly prevented African-Americans from serving on juries.  “None of us should want to execute any person whose sentence is based on racial discrimination,” said Alma Adams, a Greensboro Democrat.

A Cumberland County judge found last year that jury selection in four death row inmates’ cases was tainted by conclusive evidence of racism. More than 150 death row inmates filed challenges under the 2009 version of the law. The bill debated Tuesday would invalidate more than 140 of the claims that have not been heard in court.

The law’s detractors said it was flawed from the beginning. One of the reasons they gave was that white defendants convicted of murdering white people by all white or nearly all white juries can claim racial bias. Decisions about the death penalty should be made on the facts of each case, critics said, not on a statistics. They contend that the real intent of the law was to put a moratorium on the death penalty.

“No one wants actual racial discrimination,” said House Speaker Pro Tem Paul Stam, an Apex Republican. “We don’t want race to be used as a pretext to stop the death penalty.”

A few older and more recent posts on NC Racial Justice Act:

June 5, 2013 in Death Penalty Reforms, Race, Class, and Gender, Sentences Reconsidered, Who Sentences? | Permalink | Comments (3) | TrackBack