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- Title
Balancing Discretion and Fairness: The Potential Pitfalls of Allowing Judges Too Much Discretion in Sentencing.
- Authors
McLaughlin, Kelly A.
- Abstract
The article focuses on the U.S. Supreme Court's decision in Concepcion v. United States, addressing a circuit split on considerations during sentencing modification proceedings under the First Step Act of 2018. Topics include the Court's ruling allowing judges to consider both changes in law and fact, concerns about potential racial bias, and the need to narrow the scope of judicial discretion to maintain fairness and address historical sentencing biases.
- Subjects
PRISON sentences; JUDGES; RACE discrimination; JUDICIAL discretion; JURY decision making
- Publication
Missouri Law Review, 2024, Vol 88, Issue 4, p1211
- ISSN
0026-6604
- Publication type
Article