Memo – Utility of the Theory of Deterrence at Sentencing
Cites research showing that the length of a sentence does not contribute to general deterrence, rather, deterrence is linked to the risk/certainty of detection: “there is no reliable evidence that appreciably longer periods of incarceration for violent crimes have a general deterrent effect on the population.” Particularly when looking at gun crimes and sentencing enhancements, […]
Brief – Severe Sentences Do Not Deter Others from Committing Crimes
p. 16 – 28 cite to research on the deterrent effect of particular sentences, with studies concluding that “general deterrence is primarily a function of the certainty of punishment, not its severity.”
Sentencing Memorandum for Elderly Client Convicted of Possession of Child Pornography
This sentencing memorandum marshals empirical research about the typical profile and risk assessment of someone convicted of possessing child pornography, along with research related to the client’s age and the impact of incarceration on recidivism/deterrence, to argue that the client is not dangerous or likely to reoffend. These arguments could also be used pretrial in […]
