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First Thoughts About 'Second Look' and Other Sentence Reduction Provisions of the Model Penal Code: Sentencing Revision


Cecelia M. Klingele


University of Wisconsin Law School

Margaret Colgate Love


Law Office of Margaret Love

August 17, 2011

University of Toledo Law Review, 2011
University of Wisconsin Legal Studies Research Paper No. 1169

Abstract:     
The financial cost of mass incarceration has prompted states to pass legislation providing for early release of prisoners. Although early release laws are frequently in tension with principles underlying sentencing systems, most have been passed without any discussion of how they might be justified in theory. This lack of explicit theoretical foundation leaves the new laws vulnerable to criticism. By contrast, the American Law Institute's ongoing revision of the Model Penal Code: Sentencing has resulted in the development of three model sentence reduction provisions, each providing a means of reducing an already-imposed sentence based upon a distinctive theoretical justification. This Article discusses each provision and argues that by confronting many of the difficult structural and theoretical questions underlying the practice of early release, the Model Penal Code's sentence reduction proposals provide a framework for resolving normative concerns when designing ways to mitigate the severity of already-imposed sentences.

Number of Pages in PDF File: 29

Keywords: sentencing, Model Penal Code, sentence reduction, sentence modification, incarceration, early release, compassionate release, criminal law

JEL Classification: K14

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Date posted: August 24, 2011 ; Last revised: September 6, 2011

Suggested Citation

Klingele, Cecelia M. and Love, Margaret Colgate, First Thoughts About 'Second Look' and Other Sentence Reduction Provisions of the Model Penal Code: Sentencing Revision (August 17, 2011). University of Toledo Law Review, 2011; University of Wisconsin Legal Studies Research Paper No. 1169. Available at SSRN: http://ssrn.com/abstract=1911381

Contact Information

Cecelia M. Klingele (Contact Author)
University of Wisconsin Law School ( email )
975 Bascom Mall
Madison, WI 53706
United States
608-890-3258 (Phone)
Margaret Colgate Love
Law Office of Margaret Love ( email )
15 Seventh Street, N.E.
Washington, DC 20002
United States
202-547-0453 (Phone)
202-236-0484 (Fax)
HOME PAGE: http://www.pardonlaw.com
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