Articles on 
Smart Sentencing
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  • 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]