Court Administration

The Disappearing Probate Court

by William Raftery

Summer 2019 | Volume 103 Number 2

In 1967, Maine voters amended the state constitution to authorize the elimination of the state’s county-controlled, county-operated, county-funded Probate Courts.[1] In 2019, the Maine legislature debated a “concept draft” enabling Continue Reading »

Hornby Spring 2019

Can Federal Sentencing Remain Transparent?

by D. Brock Hornby

Spring 2019 | Volume 102 Number 1

Criminal trials have virtually disappeared in many federal courtrooms.[1] According to a recent U.S. Sentencing Commission report, “[i]n recent years, 97 percent of federal defendants convicted of a felony or Continue Reading »

Assessing Risk: The Use of Risk Assessment in Sentencing

by Brandon Garrett and John Monahan

Summer 2019 | Volume 103 Number 2

Judges are using risk assessment instruments in criminal cases more than ever before. Their role is increasingly prominent at all stages of the criminal justice system, including policing, pretrial detention, Continue Reading »

Conversations of a Lifetime: The Power of the Sentencing Colloquy and How to Make It Matter

by Robin L. Rosenberg

Summer 2019 | Volume 103 Number 2

In recent years, there has been increased attention on sentencing, and particularly sentencing disparities. The thrust and focus of this attention have been on the statistics of sentencing and reforms, Continue Reading »

51 Imperfect Solutions

Taking “Beyond a Reasonable Doubt” Seriously

by Jon O. Newman

Summer 2019 | Volume 103 Number 2

Editor’s note: This article was written by Judge Jon O. Newman during his tenure as the Bolch Judicial Institute’s inaugural Distinguished Judge in Residence. The Institute’s Distinguished Judge in Residence Continue Reading »