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The Future of Sentencing

Federal and State Court Policy and practice

Macaronis Institute for Trial & Appellate Advocacy, The Moakley Archive & Institute, Suffolk Chapter of the American Constitution Society, The Flaschner Judicial Institute

Please Note: This course has already been held.

Date: Thursday, September 23, 2004

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 07:30 PM

Faculty
Schedule/Agenda
Registration Information

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Growing interest in sentencing issues has led to national and state efforts to review sentencing policies and practices. Recently, Congress enacted the Feeney amendment which further restricts judicial discretion. Last year the ABA formed the Justice Kennedy Commission to examine sentencing policies and the Commission will be issuing its report in August. In Massachusetts, statutory sentencing guidelines are still under discussion while legislation has been passed that augments existing minimum mandatory sentences.

The Future of Sentencing: Federal & State Court Policy and Practice presents an in-depth look from the federal and state judicial perspectives. It explores the boundaries of judicial discretion and the role of lawyers within the sentencing process. It examines the broader constitutional issues as well as offers practical suggestions for navigating the existing sentencing landscape. How are guidelines helpful, and what do lawyers need to know about how to advocate their position?

This conference is honored to present Congressman Martin Meehan with the view from Congress as to what is on the horizon with respect to legislation. Professor Stephen Saltzburg, the Chairman of the ABA Commission, will present the findings of the Commission and remark on what follow-up is planned. Apart from the controversy around the issues, there have been studies done regarding sentencing practices and sentencing effectiveness. Marc Mauer, Assistant Director of the Sentencing Project in Washington, D.C., will describe the research highlights and findings.

The insights from the national and state panelists are certain to add to the ability of judges and lawyers to better understand the complex issues involved and to be more effective in performing their roles.

  F A C U L T Y

  Honorable William G. Young
  U.S. District Court, District of Massachusetts
   
  Honorable Nancy Gertner
  U.S. District Court for the District of Massachusetts (Invited)
   
  Honorable John J. Irwin, Jr., Director
  Macaronis Institute for Trial and Appellate Advocacy
Suffolk University Law School, Boston, MA
   
  Peter W. Agnes, Jr.
  Associate Justice, Massachusetts Superior Court
   
  Professor Diane Juliar
  Suffolk University Law School, Boston, MA
   
  Charles M. Grabau
  Massachusetts Superior Court
   
  Sydney Hanlon
  Boston Municipal Court, Dorchester Division
   
  Marc Mauer
  The Sentencing Project, Washington, D.C.
   
  Martin Meehan
  Massachusetts
   
  Robert A. Mulligan
  Administration and Management
Trial Court of Massachusetts
   
  Stephen A. Saltzburg
  American Bar Asscociation Justice Kennedy Commission Howrey Professor of Trial Advocacy, Litigation and Professional Responsibility Director of the L.L.M. Litigation and Dispute Resolution Program George Washington University Law School, Washington, DC
   
  Norman H. Stahl
  U.S. Court of Appeals, First Circuit
   


~Award Reception~

Sponsored with Suffolk Law School Alumni Association-Boston Chapter

Professor Charles P. Kindregan, Jr. Award for Extraordinary Contribution to Advanced Legal Studies

Please join us for a reception and award presentation to honor Professor Karen Blum, this year’s recipient of the Charles P. Kindregan, Jr. Award.

Throughout her career, Professor Blum has traveled across the U.S. presenting educational programs to lawyers, judges and other professors. We invite you to attend this reception to take place at the law school at the conclusion of the conference.

  S C H E D U L E / A G E N D A

4:00 Introductions and Welcome
Honorable John Irwin, Director
Macaronis Institute for Trial & Appellate Advocacy



4:05 Federal Court Issues
  • Are there unresolved constitutional issues?
  • What discretion is left, and how might you convince a judge to exercise it on your client’s behalf?
  • What do judges find effective in sentencing presentations?
  • Are there creative approaches that can be used?
  • What are the advantages of the guidelines?
Moderator: Professor Diane Juliar, Suffolk University Law School

Honorable Norman H. Stahl, U.S. Court of Appeals, First Circuit
Honorable Nancy Gertner, U.S. District Court
Honorable William G. Young, U.S. District Court



5:10 Developments on the National Level: Research, Policy Iniatives and Legislation
  • Report of the ABA Commission
  • Current research and findings
  • Congressional update and action
Moderator: Honorable John J. Irwin, Jr., Macaronis Institute for Trial and Appellate Advocacy, Suffolk University Law School, Boston

Congressman Martin Meehan, Massachusetts
Professor Stephen A. Saltzburg, Chair, ABA Justice Kennedy Commission
Marc Mauer, Assistant Director, The Sentencing Project, Washington D.C.



6:10 Break

6:25 State Court Issues
  • The status of the proposed state guidelines
  • Does/should social science and scientific research have relevance?
  • Do mandatory minimums leave any flexibility?
  • What is effective in sentencing advocacy?
  • Are there discernible trends in sentencing legislation/ practice?
Moderator: Honorable Peter W. Agnes, Jr., Superior Court

Honorable Robert A. Mulligan, Chief Justice for Administration and Management
Trial Court of Massachusetts
Honorable Charles M. Grabau, Superior Court
Honorable Sydney Hanlon, Boston Municipal Court



7:20 Q & A/Conclude

7:30 Reception/Award Presentation
All are invited to attend.



  G E N E R A L   I N F O

Date:  

Thursday, September 23, 2004

Tuition:  

Tuition is $149; $99 for attorneys admitted to the bar after 2001, members of MACDL, ADAs and CPCS attorneys.



Walk-Ins:  

Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.



Refunds:  

Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.



Location:  

Suffolk University Law School, 120 Tremont St., Boston, MA



Credit:  

Approved for CLE Credit in NY, RI, NH, VT, ME. If we are not already an approved CLE provider in your jurisdiction, we will assist you.



Special
Needs:
 

If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.




Directions to the Law School.

 

Unable to attend but are interested in the course materials?
Purchase Here!


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