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Home World Europe

The word ‘and’ could land criminal defendants with longer sentences thanks to Supreme Court ruling

15 March 2024
in Europe
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The word ‘and’ could land criminal defendants with longer sentences thanks to Supreme Court ruling
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A recent Supreme Court decision will impact criminal defendants with prior nonviolent drug offenses seeking shorter sentences under a federal prison reform law.

In a 6-3 ruling, the court clarified that the word “and” must be interpreted as “and”, not “or”, in relation to the First Step Act, a criminal justice reform bill.

According to the “safety valve” provision of the First Step Act, defendants must meet specific criteria to be eligible for reduced sentencing.

The majority opinion, written by Justice Elena Kagan, stated that defendants must satisfy all criteria to qualify for lower sentencing.

Supreme Court ruled on the interpretation of the word “and” in a criminal reform bill

(Getty Images/iStockphoto)

The ruling means that defendants must meet all criteria to qualify for reduced sentencing under the “safety valve” provision.

Justice Kagan argued that interpreting “and” as “or” would lead to inconsistencies and potential errors in sentencing.

Justice Neil Gorsuch dissented, criticizing the court’s interpretation and emphasizing the importance of honoring Congress’ intentions in creating the safety valve provision.



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