By: Luz Maria Payán*
Abstract
Wrongful convictions are an ongoing problem that plague the American criminal legal system. Whether it be prosecutorial misconduct or inadequate legal representation, innocent individuals are too often convicted for a crime they did not commit. When they are convicted, they are subject to the general rule of finality in sentencing. However, Congress has provided a narrow—yet necessary—exception to this rule. The Compassionate Release Statute (“CRS”) entitles a federal prisoner to a sentence reduction if they present an extraordinary and compelling reason and the reduction is consistent with the applicable policy statement and § 3553(a) sentencing factors.
The Compassionate Release Policy Statement includes a catch-all provision that allows courts to accept unspecified reasons as extraordinary and compelling. Both the First and Second Circuit Courts of Appeals have heard the argument that a prisoner’s potential innocence is an extraordinary and compelling reason that justifies compassionate release. While the First Circuit has accepted this argument, the Second Circuit rejected it entirely. This circuit split leaves innocent prisoners in the balance and signifies the necessity in addressing this issue.
When Congress enacted the CRS, it did so with the intention of introducing compassion into a prisoner’s individualized review. Thus, this Comment will argue that the Sentencing Commission should amend the Compassionate Release Policy Statement to allow a prisoner’s potential innocence to be considered an extraordinary and compelling reason justifying compassionate release. In allowing a prisoner’s potential innocence to be considered under the CRS, the Commission will not only promote the legislature’s intention of introducing compassion in sentence modifications but also give justice to individuals that have fallen victim to this country’s criminal justice system.
* J.D. Candidate, The Pennsylvania State University Dickinson School of Law, 2026. First and foremost, I would like to thank my parents, Erasmo and Maria Teresa Payán, who came to this country with nothing and gave me everything. Their constant love and support has afforded me the opportunity to pursue my wildest dreams, including becoming the first attorney in my family. I am also grateful for my village continuously cheering me on throughout my law school journey. Lastly, I would like to thank the Penn State Law Review for their assistance on this Comment.