Other institutional voices

I was extremely honored to receive an e-mail this afternoon from District Judge Joe Goodwin (author of the recent Shamblin decision). He wanted to supplement my call for other institutions to start responding to Blakely. Here’s Judge Goodwin’s astute commentary:

I wholeheartedly agree that we should be hearing from others on the issues raised by Blakely, [but] it is impractical for judges to stop the system on the tracks in every instance. Judges have deliberating juries, sentencings subject to revision for clear error within 7 days, and scheduled sentencings which will stack up fast. I…was faced with a Rule 35(a) motion and a 24 hour deadline. To the point — we need the help of the academic community. I urge you and your colleagues to make your views known to the judiciary, the Congress and the executive.

Of course, I agree academics have a role to play (and I know many are trying to do their part via blogs, the Federal Sentencing Reporter and other projects such as the on-going work of the ABA and ALI).

In addition to listening to academics, I hope Congress and others considering the new world of federal sentencing will consider the many important insights and ideas to be drawn from state sentencing developments. Proving that Justice Brandeis was indeed an “omniscient seer”, the “laboratory” of the states has been recently producing many innovations and considerable successes in the arena of sentencing reform. This terrific report from the Vera Institute of Justice highlights that recently “more than 25 states took steps to lessen sentences and otherwise modify sentencing and corrections policy during the 2003 legislative sessions [making] significant changes ranging from the repeal or reduction of mandatory minimum sentences for drug-related offenses to the expansion of treatment-centered alternatives to incarceration.”

Importantly, the well-established trend to cut back on harsh mandatory sentences is being driven largely from Republican quarters. Here is a an article from Governing Magazine which helps highlight that, from Alabama to Maryland to Michigan to Texas, Republicans have been leading proponents of the modern shift from penal retribution toward rehabilitation.