Open Data on Sentencing: The Case for Accessible Statistics on Amendment 821

Open Data on Sentencing: The Case for Accessible Statistics on Amendment 821

Sentencing data and statistics are complicated, right? All those numbers and percentages can make your head spin if you don’t have a background in law or data analysis. But having access to clear, understandable data on sentencing practices is so important. It helps us understand if laws are being applied fairly and make informed decisions about potential reforms. So how do we make all that complex sentencing data more accessible and transparent? Well, Amendment 821 provides a great case study on the value of open data.

Let’s back up a sec and cover the basics. Amendment 821 to the U.S. Sentencing Guidelines went into effect on November 1, 2022. This amendment made big changes to how criminal history is calculated when determining federal sentences. It reduced the impact of older offenses and expanded opportunities for downward departures from sentencing guidelines. This opened the door for around 20,000 people to petition for reduced sentences¹. But figuring out who is eligible and how much time could be shaved off their sentence takes some analysis. That’s where clear sentencing data and statistics come in.

The Need for Accessible Data

When Amendment 821 went into effect late last year, it set off a flurry of activity among advocacy groups, attorneys, and incarcerated people looking to understand its impact. Who could benefit from petitioning for a reduced sentence? How much time could they expect to have removed? Without accessible data, answering these questions was tricky.

The U.S. Sentencing Commission quickly realized there was intense demand for information. In February 2023 they published an analysis of retroactive application that estimated the number of people eligible and average sentence reduction. But this left many hungry for more detail. In March, the Commission took the important step of releasing an anonymized dataset on the over 20,000 eligible cases².

This open data has proven invaluable. Advocates have used it to dig into state- and district-level trends and create user-friendly data visualizations. Take this infographic breaking down retroactive impact. And this video overview of the policy changes. Open data made these accessible educational resources possible.

The Benefits of Openness

The open and timely release of data on Amendment 821 has had many benefits:

• It allows detailed analysis by advocacy groups to identify trends and inequities.
• It enables the creation of user-friendly guides and visualizations to explain the complex policy changes.
• It assists attorneys in determining if their clients could be eligible and estimating possible sentence reductions.
• It helps manage incarcerated people’s expectations about retroactive impact.
• It improves transparency and accountability around application of the new policies.

Without accessible open data, none of this would have been possible. Amendment 821 would have continued shrouded in complexity. This open data mindset should be expanded to all aspects of the criminal justice system. Most states provide only limited sentencing data, often just high-level annual reports. Detailed, disaggregated, anonymized data should be released on state sentencing practices and incarceration. The Sentencing Project’s detailed state data tool shows the power of openness. We have a long way to go, but Amendment 821 provides an inspiring model.

What Comes Next

The Sentencing Commission did something remarkable with Amendment 821. They realized there was an information gap and moved quickly to fill it through open data. This should become standard practice across all sentencing policies and reforms. Detailed data should be released on:

• Racial and geographic disparities in sentencing
• Use of mandatory minimums and sentencing enhancements
• Rates of recidivism by demographics and offense type
• Percentage of sentences within or outside guideline ranges

With comprehensive, disaggregated data we can have informed public discourse on sentencing policies. The impact of reforms like Amendment 821 can be tracked. And most importantly, we can work to ensure equal justice under the law.

1. United States Sentencing Commission, Retroactive Application of the First Step Act (2022). [return to text]

2. United States Sentencing Commission, Retroactive Application of the First Step Act (2022): Detailed Data. [return to text]