Criminal Law

Supreme Court to hear compassionate release case

WASHINGTON (Gray DC) – The Supreme Court is set to hear arguments in a case that could change what’s needed to allow compassionate release of a prisoner.

Wednesday, the Supreme Court is weighing-in on a man’s bid for compassionate release.

More than a decade after he was sentenced to life in prison, the bench will consider ‘Fernandez v. United States’ – and what it could mean for the “extraordinary reasons” needed to reduce a sentence.

Occasionally, prisoners can find themselves out from behind bars early – thanks to “compassionate release”.

But it takes certain circumstances for a judge to issue that order…

Circumstances – now up to the Supreme Court to define. Smita Ghosh is with the Constitutional Accountability Center, “This case involves a very simple phrase and what does it mean?”

The phrase as the very heart of the case ‘Fernandez v. United States’ before the Supreme Court is “extraordinary and compelling reasons.”

“They’re just kind of loaded with this idea of discretion”

Smita Ghosh is one of many closely watching the case of Joe Fernandez. He’s a New York man serving a life sentence in a murder-for-hire plot.

Fernandez always maintained his innocence… and years later, a judge agreed to take a second look, granting Fernandez immediate compassionate release.

The reason? “Extraordinary and compelling reasons” to do so.

Smita Ghosh of Constitutional Accountability Center explains, “He says I have some lingering disquiet…that’s basically the issue in this case, whether this lingering disquiet about the verdict against someone can be one of those extraordinary and compelling reasons.”

The Second Circuit Court of Appeals said no, believing Fernandez’s claim of innocence shouldn’t quality as the right reasons for compassionate release.

The question now is, what are the right reasons? And do judges have full discretion, or are there restrictions?

Smita Ghosh of the Constitutional Accountability Center notes that justices will have something to consider,

“The idea that ‘extraordinary and compelling’ has limits is something that could really have an impact.”