Abstract
This essay explores the emergence of “second look” sentencing laws in the United States, which allow judicial review of previously imposed prison sentences under certain circumstances. Highlighting the expansion of these laws, the essay examines the broad discretion granted to judges and prosecutors in deciding when and how to reduce prison sentences against the backdrop of an earlier era of structured sentencing reforms aimed at regulating sentencing discretion and reducing disparities. Somewhat ironically, the rigidity and severity of some structured sentencing reforms have contributed to modern mass incarceration to engender the emerging “second look” sentencing movement.
The essay details various reasons for concern about disparities and inequities in second look sentencing due to its reliance on discretionary decision-making. Though such concerns are well-founded, this essay contends that such concerns do not undermine the importance and value of second look sentencing as a vital corrective to excessive and inflexible prison sentences. The essay concludes by advocating for thoughtful design and implementation of second look mechanisms to reduce the risk of sentencing disparities and inequities in the operation of these laws.
Recommended Citation
Berman, Douglas A.
(2026)
"Exploring Concerns About Discretion and Disparity in Second Look Sentencing,"
Akron Law Review: Vol. 59:
Iss.
3, Article 2.
Available at:
https://ideaexchange.uakron.edu/akronlawreview/vol59/iss3/2