Filip Expresses Concern About the Return of Sentencing Disparities

jailed womanFormer U.S. Deputy Attorney General Mark R. Filip warned at Tuesday’s Hallows Lecture that disparities in sentencing by federal judges are returning since the U.S. Supreme Court ruled five years ago that sentencing guidelines are only advisory.

Filip, who also is a former federal judge and now practices with a Chicago law firm, said that United States v. Booker in 2005 reduced the import of sentencing guidelines that dated to the late 1980s, “returning us to an era of indeterminate sentencing.” While he said that commentary on Booker from both judges and defense lawyers has been generally favorable, data on sentencing patterns since the decision show that in different parts of the country, significantly different sentences are being given for comparable convictions. 

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Everyday Eviction

Eviction has become a special burden for low-income African American women, many of whom live in run-down rental housing and are raising children in single-parent homes. University of Wisconsin sociologist Michael Desmond, quoted in an article in the New York Times, argues, “Just as incarceration has become typical in the lives of poor black men, eviction has become typical in the lives of poor black women.”

In Milwaukee, one tenant in every 25 renter-occupied units is evicted annually. Poor African American women constitute 13 percent of the City’s population but 40 percent of those evicted. The impact of evictions on social connections, school enrollments, and credit ratings should not be underestimated.

To the extent it pays attention to housing issues, the media has of late focused almost exclusively on mortgage foreclosures, and, to be sure, the damage subprime lenders have done to the hopes and dreams of the working class has been huge. However, there is a socioeconomic class trying to carry on without even the assets and income of the working class. We might reflect on its plight when we drive through the center-city and see the humble furniture and other possessions of low-income African American women stacked alongside the curb by landlords who have just finished evicting. But, then, how many of us even drive through the center-city?

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Peace and Quiet

lincoln cottageThe one thing that all good lawyers need periodically is peace and quiet. They might need peace and quiet to draft a will, prepare for trial, or prepare a pleading or a contract. They need peace and quiet to sort their thoughts and to make decisions.

We all respond differently to that need. We have lawyers who are morning persons and some who are night owls. Some need to get out of town to a cottage, while others have a favorite place in their office or home that satisfies the need. Peace and quiet is a personal thing that must meet the needs of the lawyer and no one else. It is peace in your head that we are looking for. Peace and quiet can be found in unusual places.

Abraham Lincoln was a lawyer, and he also needed peace and quiet. 

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