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CAN JUDGES HELP EASE MASS INCARCERATION?
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Journal Article
CAN JUDGES HELP EASE MASS INCARCERATION?
2024
Overview
While the American criminal justice system was once known for its impressive features, like the jury trial and an independent judiciary, the system's most notable feature in modern times is its high incarceration rate. Judge Adelman urged judges to act, stating that \"if we are actually to achieve a significant reduction in the federal prison population, federal judges will have to make major changes in their sentencing practices. Since judges had to issue precise, meaningful sentences, it became easy to identify and replace judges who were \"soft on crime.\" In 2011, for example, the Federal Sentencing Commission reported that only 27 percent of sentencings involved a defendant subject to a mandatory minimum and almost half of those avoided the mandatory sentence through substantial-assistance/ safety-valve provisions - and that this proportion had remained relatively stable over the past 20 years.5 In other words, mandatory minimums could account for only about 14 percent of sentencings.
Publisher
Duke Law Center for Judicial Studies
