Information sharing is the hallmark of modern society and, in particular, the administration of justice. We know more about more than ever before. The glaring exception is the prison experience omitted from sentencing charts. Civil courts, however, are shedding light on the daily grist of punishment. Indeed, pleadings written by the punished can be an adjunct of experience for sentencing practices and review.
Some criminal courts have taken notice of the conditions of confinement and the circumstances of the confined.1 For instance, in People v. Walsh, 101 A.D.3d 614 (1st Dep’t 2012) the Appellate Division held that the reviewing court “may reduce a sentence in the interests of justice, taking into account factors such as a defendant’s age, physical and mental health, and remorse.”
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