If you ask federal trial judges to name the toughest part of their job, most will cite sentencing. Sentencing a criminal defendant is a weighty decision, affecting years or even decades of that person’s life. And for many years, it was final: A judge couldn’t revisit it, even if there were major changes in the defendant or their circumstances.
That changed in 2018, when Congress passed the First Step Act—with overwhelming bipartisan support, including from then-president Donald Trump. Under one of the law’s most important provisions, a federal district judge can reconsider a previously imposed sentence and reduce it—even if that sentence was (and remains) lawful, and even if that sentence was life imprisonment. More details about The First Step Act can be found on the Bureau of Prisons official site.
The critical requirement for granting this relief, known as “compassionate release,” is that the judge must find “extraordinary and compelling reasons” for doing so. What constitutes these reasons is currently the subject of extensive litigation in district and circuit courts, which have issued conflicting rulings on multiple issues. These conflicts make it likely that the U.S. Supreme Court will intervene (The court did tackle the FSA last term in Pulsifer v. US, but it interpreted a different part of the statute).
In his latest book, “A Second Chance: A Federal Judge Decides Who Deserves It,” Judge Frederic Block of the Eastern District of New York presents readers with six defendants who filed motions for compassionate release in his court. He asks the readers to reflect on whether they would reduce their sentences, then reveals how he ultimately ruled. This book not only offers a glimpse into the kinds of decisions federal judges are making but also provides an extensive reading experience—an insight Block hopes to share with the judiciary at large.
Following decades on the bench since his appointment in 1994 by President Bill Clinton, Block brings a wealth of experience to his decisions. At age 90, he continues to hear cases as a senior judge and has no current plans to retire, although he alludes humorously to waiting for Judge Leo Glasser to retire first; Glasser is 100 years old and the oldest judge currently serving on the federal bench.
Block’s advocacy for sentencing reform extends beyond federal cases. He notes that federal prisoners constitute only about 10% of the total prison population in the U.S., with the remaining 90% in state prisons and local jails. In his view, states should follow Congress’s lead and enact their own First Step acts. Despite political headwinds and the resurgence of “tough on crime” rhetoric from figures such as Trump, who previously supported the First Step Act and now markets himself on the campaign trail as the “law and order candidate”, Block remains hopeful.
Some states are already considering reforms. New York, for instance, sees initiatives like Senator Julia Salazar’s Second Look Act being pushed forward. Block emphasizes that, even if the odds seem long, it is critical to continue efforts aimed at addressing mass incarceration. With decades of judicial experience, Block speaks with confidence, urging people to contemplate the pressing challenges faced by the justice system.
For further details about Judge Frederic Block’s new book and his perspective on compassionate release, you can read the full interview here.