"Prosecutor-Driven 'Second Look' Policies Are Encouraging, But Not A Panacea"

The title of this post is the title of this new paper authored by Rory Fleming now available via SSRN.  Here is its abstract:

This article explains how the dearth of executive clemency and parole has led to some prosecutors reducing terms of incarceration for particular defendants post-sentencing. California has passed the first law to encourage prosecutors to order “second look” hearings for prisoners they deem worthy.  Elsewhere, prosecutors have in rare circumstances renegotiated plea deals to reduce terms of incarceration.  Prosecutor-driven “second look” policies should be considered one of many tools that could help reduce the U.S. incarceration rate.  Such policies will thrive only in localities where reducing incarceration is politically palpable.  The “second look” paradigm is also unlikely to be viable in the federal context, due to skepticism from the Department of Justice.