- Professor William Otis, Georgetown Law
- Professor Douglas Berman, Ohio State Law
Immigration law and enforcement have been on the front pages for the last several years, and that shows no signs of changing. One aspect to our national debate on immigration that hasn't received as much attention as it should is the effect that the several states can have on the issue. Through its policing powers and criminal sentencing guidelines, a state can influence who the federal immigration authorities can remove from the country. Our experts discussed the important constitutional issues that these trends present.
Although prison populations at the federal level have very recently declined for the first time in decades, prisoner population at the state level rose. The cost of crime, some that can be measured and some that are impossible to measure, is undoubtedly high, but so too is the cost of incarceration. Are we striking the right balance in length of sentences? And what is the proper balance between latitude and sentencing guidelines for judges? Do the answers to these questions differ for the state versus the federal criminal justice system?
The Federalist Society's Criminal Law & Procedure Practice Group presented this panel on "Criminal Sentencing Reform: A Conversation among Conservatives" on Friday, November 14, during the 2014 National Lawyers Convention.