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September 7, 2011

"First Thoughts About 'Second Look' and Other Sentence Reduction Provisions of the Model Penal Code: Sentencing"

The title of this post is the title of this great new piece authored by Cecelia Klingele and Margaret Colgate Love, which is available via SSRN.  Here is the abstract:

The financial cost of mass incarceration has prompted states to pass legislation providing for early release of prisoners.  Although early release laws are frequently in tension with principles underlying sentencing systems, most have been passed without any discussion of how they might be justified in theory.  This lack of explicit theoretical foundation leaves the new laws vulnerable to criticism.

By contrast, the American Law Institute's ongoing revision of the Model Penal Code: Sentencing has resulted in the development of three model sentence reduction provisions, each providing a means of reducing an already-imposed sentence based upon a distinctive theoretical justification.  This Article discusses each provision and argues that by confronting many of the difficult structural and theoretical questions underlying the practice of early release, the Model Penal Code's sentence reduction proposals provide a framework for resolving normative concerns when designing ways to mitigate the severity of already-imposed sentences. 

September 7, 2011 at 09:27 AM | Permalink


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The inducted members of the ALI make up about 5000 members of the lawyer hierarchy, and are all on the arrest list, when it comes time to stop the lawyer profession, history's greatest criminal syndicate. It has not corrupted the government as others have. It has take total control of the government making 99% of policy decisions. Almost all policy decisions serve its cult interests. The rent seeking theory will predict and explain almost 90% of them.

Because, most members are faculty at elite institutions, the employers of these guideline makers should be subjected to aggregate claims and exemplary damages, directed at their home institutions. Most are left wing indoctrination camps, teaching treason to the constitution and to our nation. Guideline makers have a duty to do no harm. The harm done by these institutions exceeds the value of all human assets on earth. The 20 million FBI index crimes cover only a small fraction of all crime. The real crime number may exceed 100 million. That number includes a potentially much higher number of murders than 17,000, since 100,000 missing person reports do not get resolved each year. These crimes come from the virtual immunization of the lawyer client, the criminal, from any punishment or fear of consequences. 90% of crimes go unanswered. The overwhelming majority of convictions result in a slap on the wrist. The people they do have may have an innocence rate above 20%. The failure is in all directions, and massive. It is every year, with the guarantee extended to planetary orbital locations.

Posted by: Supremacy Claus | Sep 7, 2011 5:34:51 PM

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