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April 7, 2023

During remarkable criminal justice week, rounding up a lot of notable (Trump-free) criminal justice stories

This first criminal indictment of a former President made this week historic for the whole nation, and the new US Sentencing Commission's guideline amendment made this week quite consequential for the federal justice system.  But there were lots and lots of other criminal justice stories worth noting this week, and here are just a few that I wish I had more time to cover more fully:

From AL.com, "How many Alabama prison inmates are there for violent crimes? State and feds disagree"

From the Detroit Free Press, "Crumbley parents banned from son's [Miller] hearing: They just want to silence him, prosecutor says"

From Marijuana Moment, "Bipartisan Senators File Bills To Reduce Mandatory Minimums For Federal Drug Crimes And Limit Pre-Trial Detention"

From The Marshall Project, "How Criminal Records Hold Back Millions of People"

From the New York Times, "Here’s What Happens as the Era of Mass Incarceration Winds Down"

From Reuters, "Malaysia scraps mandatory death penalty, natural-life prison terms"

From Stateline, "More States Allow Residents With Felony Convictions to Vote"

From the Washington Post, "‘War on drugs’ deja vu: Fentanyl overdoses spur states to seek tougher laws"

April 7, 2023 at 09:28 AM | Permalink


From Reason Magazine:
Trump Commuted His Sentence. Now the Justice Department Is Going To Prosecute Him Again.

Posted by: fluffyross | Apr 7, 2023 1:08:07 PM

fluffyross --

I read the story. He got convicted on 20 counts and therefore had a statutory exposure of 100 years. Instead he got 20 years -- not exactly getting ground under, considering what it could have been. The government wants to re-try him on a charge on which the jury deadlocked, not one on which it acquitted. This has been permissible since at least the Supreme Court's holding in US v. Perez almost 200 years ago. To whatever extent he was sentenced based on conduct on which the jury deadlocked, that can be considered in his request to narrow the sentence this next time, but does not even arguably bar a retrial per se on the deadlocked count.

Posted by: Bill Otis | Apr 7, 2023 7:03:39 PM

Here in Kentucky, Federal prosecutors have taken the unprecedented step in two cases of prosecuting under Federal law defendants whose sentences were commuted by former Governor Matt Bevin (R.Ky.). Of course, those second prosecutions are examples of "Dual Sovereignty" not "Double Jeopardy". One of those cases was the robbery of a drug dealer in his single-wide trailer gone bad, which resulted in the target being shot and killed by Patrick Baker. Before Baker had his sentence commuted, Baker's brother and sister-in-law held a post-election campaign fundraiser at their home for Gov. Matt Bevin. The Federal convictions and sentence of 39.5 years were dramatically longer than his state conviction for second degree manslaughter and 19.5 years. In the other case, a young adult sodomized a 15-year old boy at a party (the assault was videotaped), resulting in his intestines being ruptured and him having to have emergency surgery to save his life. Gov. Bevin described the evidence supporting conviction as being "thin", despite the video tape.

Posted by: Jim Gormley | Apr 8, 2023 5:06:43 PM


Perhaps the victim should have held a fund raiser for the Honorable Governor. What a country.

Posted by: SG | Apr 10, 2023 9:47:32 PM

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