Commissions:
Rise and Lead!*A
presentaton to the 2010 National Association of Sentencing Commissions,
arguing tht their highest calling is credible and thorough research on
what works or not on which offenders, in and out of custody, and leadership
through effective advocacy with policy makers.
Only
the Really Hard Part of eCourt Is Really Worth Doing,*
45:4 Court Review 124, arguing that courts have no business asking for
public funding for technology modernization unless we use it to improve
our impact on public safety, community well-being, and the lives of children
and families in crisis.
MPCS Discussion Draft
No. 3 – Comments on both dimensions*
Submitted
to the 2010 Annual Meeting to argue that the Model Penal Code Sentencing
Project is now concedely failing to collect a consensus of states necessary
to lead, and failing sufficiently to reduce prison overuse -- and that
the project requires revisiting purposes and tactics to recover any chance
of success.
Comments
on Preliminary Draft No. 7, Model Penal Code: Sentencing*
xSubmitted
to the October 10, 2009, joint meeting of Advisors and Consultative Group
members.
MPC--The Root of the
Problem: Just Deserts and Risk Assessment,*
61
Fla L Rev 751 (2009), civilizing just deserts, why we must use risk and
need assessment, static factors and disparity.
Conversations
on Evidence Based Sentencing, 1
Chapman Journal of Criminal Justice 61 (2009),*
discussions
with prosecutors, judges, crime victims, defense counsel, trial court administrators,
academics, probation officers, and policy makers about sentencing policy.
Dialog with a Prosecutor,
a
discussion with John Foote, a county prosecutor, on the responsibilities
of prosecutors in sentencing.*
Dialog with
a Retributivist, a discussion with Prof. Tony
Dillof of Wayne State University on the role of just deserts in sentencing.*
Four Steps to Progress:
A Reality Test for Assembly Bill 900, 43
University
of San Francisco Law Review 13 (2008)*
Comments on Preliminary Draft
No. 6, Model Penal Code, Sentencing, submitted
to ALI April 19, 2008.*
Comments
for the UK Parliamentary Justice Committee,submitted
to the UK Parliamentary Justice Committee on April 10, 2008.*
Limiting Retributivism:
Revisions to Model Penal Code Sentencing Provisions, 29
Whittier
Law Review 295 (2007)*
Responding to the Model Penal
Code Sentencing Revisions: Tips for Early Adopters and Power Users,
17
S Cal Interdiscipl L J 68 (2007) (includes A Harm-Reduction
Sentencing Code)*
Comments on Preliminary Draft
No. 5, Model Penal Code, Sentencing, submitted
to ALI August 31, 2007. *
Post-Booker
Sentencing Issues for a Post-Booker Court, 18Federal
Sentencing Reporter, 227 (2006) [University
of California Press for Vera Institute of Justice] *
Comments on Model Penal
Code: Sentencing, Council Draft No. 1,
submitted for consideration by the American Law Institute Council Oct 19-20,
2006. *
Model Penal Code
Sentencing Revisions: ALI Faces Critical Issues, an
article distributed at the 2006American Law Institute Annual Meeting. *
Focusing Sentencing on
Public Safety, and the Role of Sentencing Commissions, a
presentation at the 2006 Conference of the National Association of Sentencing
Commissions*
Smart Sentencing:
Public Safety, Public Trust and Confidence Through Evidence-Based Dispositions,
a
piece on the National Center for State
Courts "Future Trends in State Courts"
site, arguing that public trust and confidence require accountability for
best efforts at smart sentencing, including recidivism-linked performance
measures. *
Meaningful Performance
Measures and Judicial Independence, an article
arguing that sentencing ought to be measured largely by its success in
reducing recidivism and that legitimate notions of "judicial independence"
are not thereby threatened. *
Sentencing Support Tools:
Technology as Strategy,*A
paper presented at the CTC9 conference sponsored by the National
Center for State Courts in September, 2005.
Blakely, Booker,
and the Future of Sentencing, *
17Federal
Sentencing Reporter,243
(2005) [University of California
Press for Vera Institute of Justice]
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Comments on Preliminary
Draft No. 4, Model Penal Code: Sentencing*
Presented
at the Sept. 11, 2005, meeting of the American Law Institute Members Consultative
Group on the Model Penal Code Revision.
-
Public Comment on
Proposed Priorities to U.S. Sentencing
Commission on post-Booker federal guidelines priorities (July 25,
2005) *
-
Justitia's Bandage:
Blind Sentencing, An article published
in the first issue of the International
Journal of Punishment and Sentencing (Vol. 1, No. 1, 2005).*
-
What Works? Who Cares?
Strategies for making what works matter, A
paper delivered at the October, 2004, Oregon Program Evaluators Network
(OPEN) conference *
-
Smarter Sentencing: On the
Need to Consider Crime Reduction as a Goal 40:3-4
Court
Review 16 (Winter 2004) [journal of the
American
Judges Association] *
-
Sentencing Support
Tools and Probation in Multnomah County Executive
Exchange (Spring 2004) [national journal of probation executives]*
-
Sentencing in the Temple of
Denunciation: Criminal Justice's Weakest Link, 1
Ohio
State Journal of Criminal Law 671 (2004) Available
on Lexis at 1 Ohio St. J. Crim. L. 671 *
-
Testimony to
Governor's Public Safety Review Steering Committee (May 4, 2004) *
-
Comments
on the Model Penal Code: Sentencing Preliminary Draft No. 1, 30
American
Journal of Criminal Law 135 (2003) [University
of Texas Law School], Available on WestLaw at 30 AMJCRL 135.
-
Testimony on SB 267(Or.
Interim Judiciary Committee, Feb 3-4, 2004) *
-
Archaic Sentencing Liturgy Sacrifices
Public Safety: What's Wrong and How We Can Fix It,*
16Federal
Sentencing Reporter 76 (2003) [University
of California Press for Vera Institute of Justice] Available on WestLaw
at 2003 WL 23269275.
-
Sentence for Safety, Not
for Show Op-ed "In Response" on purposes of sentencing, TheOregonian,
Oct 1, 2003_
-
Why Sentencing Needs Profound
Change; How Technology Can Help An article presented
at the Academy of Justice Sciences Conference, Boston, March 4-8, 2003
-
Sentencing Support Technology
and Accountability for Public Safety Outcomes A paper
presented June 27-29, 2002, at the International Conference on Sentencing
and Society, Strathclyde University, UK, Glasgow. *
-
Thoughts on Strathclyde
A paper about the conference, the Halliday Report, the Report of
the [UK] Sentencing Advisory Panel, judicial independence, criminology,
academia,xandxpublic
safety
*
-
Sentencing
Support Technology in Oregon A paper presented at
the CTC7 conference sponsored by the National
Center for State Courts in August, 2001; *
for a copy of the electronic presentation,
click
:
-
Courtroom
Technology: Sentencing Support Technology The
Judges Journal, Winter, 2002 [ABA Judicial Division]
-
Speech
to Oregon Legislature's Interim Judiciary Committee, U. of Or. School
of Law, 9/29/2000 Streaming
Audio Version (audio; toggle out of "compact mode," if necessary, then
go to clip 3 of 3)
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We Can
Do Better at Fighting Crime - an overview An article describing
what's wrong with criminal justice, what purposes compete for our attention,
and how we should fix what doesn't work: preventing recidivism
-
Presentation
to Pendleton Conference of Western State Wardens A presentation
to a Conference of Western State Wardens in Pendleton, Oregon on the history
of prisons, Jeremy Bentham and hopes for brining criminal justice into
the 20th century before it was over
-
Technology
is Coming to Sentencing Hearings An article published in
the Oregon Criminal Defense Lawyers Association's "Oregon Defense Attorney,"
February, 1999
-
Technology
Confronts the Revolving Door An article published in The
Verdict,
April 2000 (Or. Dist. Attys. Assn.)
-
Paying
Attention to What Works Published in the August/September, 1999,
issue of the Oregon State Bar Bulletin
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