KEVIN R. REITZ. (303) (phone) (303) (fax)

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1 KEVIN R. REITZ Office Address: Home Address: University of Colorado, Boulder 1166 Cherryvale Road School of Law Boulder, CO Campus Box 401 (303) (home phone) Boulder, CO (303) (home fax) (303) (phone) (303) (fax) EDUCATION: University of Pennsylvania Law School J.D., Cum Laude, May 1982 Law Review, Associate Editor (second year) Law Review Board, Comment Editor (third year) Dartmouth College B.A., Cum Laude, May 1979 Honors Major in History, High Distinction EMPLOYMENT: June University of Colorado School of Law, Present Associate Professor of Law, 1988 to 1998 (Tenured 1994) Professor of Law since 1998 Courses Taught: Criminal Law (12 years), Criminal Procedure (10 years), White-Collar Criminal Law (Seminar) (6 years), Professional Responsibility (7 years), Sentencing Law and Policy (Seminar) (7 years), Advanced Criminal Justice (Seminar) (4 years), Property (1 year) September 1999 Present January 2002 June 2002 January 2002 June 2002 Member, Professional Staff, University of Colorado, Institute for Behavioral Science, Program on Problem Behavior Visiting Fellow, University of Cambridge, Institute of Criminology Visiting Fellow, University of Cambridge, Clare Hall 1

2 October May 1988 September September 1983 Saul, Ewing, Remick & Saul, Philadelphia, PA, Associate, Litigation Department Justice Jay A. Rabinowitz, Supreme Court of Alaska, Law Clerk PUBLICATIONS: Clients, Lawyers and the Fifth Amendment: The Need for a Projected Privilege, 41 DUKE L.J (1991), reprinted in CRIMINAL LAW REVIEW at (New York: Clark Boardman Callaghan 1993) (annual volume of leading criminal law publications in preceding year) Sentencing Facts: Travesties of Real-Offense Sentencing, 45 STAN. L. REV (1993) Sentencing Reform in the States: An Overview of the Colorado Law Review Symposium, 64 U. COLO. L. REV (1993) Epilogue: A Gathering of State Sentencing Commissions, 64 U. COLO. L. REV (1993) (with Leonard Orland) The New ABA Sentencing Standards, 6 FED. SENT. RPTR (November/December 1993) (with Curtis R. Reitz) American Bar Association to Publish New Sentencing Standards, 5 OVERCROWDED TIMES, No. 3, pp. 4-5 (June 1994) (with Curtis R. Reitz), reprinted in Michael Tonry & Kathleen Hatlestad eds., SENTENCING REFORM IN OVERCROWDED TIMES: A COMPARATIVE PERSPECTIVE (New York: Oxford University Press 1997) AMERICAN BAR ASSOCIATION, STANDARDS FOR CRIMINAL JUSTICE, SENTENCING (Chicago: ABA Press, 3d ed. 1994), 255 pp. (paperback volume containing black letter standards and reporters' commentary) (Co-Reporter with Curtis R. Reitz) Building a Sentencing Reform Agenda: The ABA's New Sentencing Standards, 78 JUDICATURE (January-February 1995) (with Curtis R. Reitz) The Cutting Edge of Sentencing Reform, 8 FED. SENT. RPTR (1995) The Federal Role in Sentencing Law and Policy, 543 THE ANNALS OF THE AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE (1996) Michael Tonry and the Structure of Sentencing Laws, Book Review, 86 J. CRIM. L. & CRIMINOLOGY (1996) 2

3 Testilying as a Problem of Crime Control: A Reply to Professor Slobogin, 66 U. COLO. L. REV (1996) The American Experiment: Crime Reduction Through Prison Growth, 4.3 EUROPEAN J. CRIM. POLICY & RSRCH (1996) Zimring, Hawkins, and the Macro Problems of Imprisonment, Book Review, 87 J. CRIM. L. & CRIMINOLOGY (1997) Sentencing Guideline Systems and Sentence Appeals: A Comparison of Federal and State Experiences, 91 NORTHWESTERN L. REV (1997) Sentencing, in Michael Tonry ed., THE HANDBOOK OF CRIME AND PUNISHMENT (New York: Oxford University Press, 1998) (book chapter) Lethal Violence in America: An Overview of the Colorado Law Review Symposium, 69 U. COLO. L. REV (1998) The Reactions of Criminal Justice Professionals to a Law Review Symposium, 69 U. COLO. L. REV (1998) (with Alice Donnelly Madden) Modeling Discretion in American Sentencing Systems, 20 LAW & POLICY (1998) The Status of Sentencing Guideline Reforms in the U.S., 10 OVERCROWDED TIMES No. 6, pp. 1, 8-14 (1999), reprinted in Michael Tonry ed., PENAL REFORM IN OVERCROWDED TIMES (New York: Oxford University Press, 2001), pp Criminal Appeals in the United States, in Monika Becker and Jörg Kinzig eds., RECHTSMITTEL IM STRAFRECHT: EINE INTERNATIONAL VERGLEICHENDE UNTERSUCHUNG ZUR RECHTS- WIRKLICHKEIT UND EFFIZIENZ VON RECHTSMITTELN (Freiburg: Max Planck Institute 2000) (translated by Bettina Schütz-Gärdén) The Disassembly and Reassembly of U.S. Sentencing Practices, in Richard S. Frase and Michael Tonry eds., SENTENCING AND SANCTIONS IN WESTERN COUNTRIES (Oxford: Oxford University Press, 2001), pp Sentencing: Guidelines, in Joshua Dressler ed., ENCYCLOPEDIA OF CRIME AND JUSTICE, REVISED EDITION (Macmillan Reference USA, 2001), pp

4 Sentencing: Allocation of Authority, in Joshua Dressler ed., ENCYCLOPEDIA OF CRIME AND JUSTICE, REVISED EDITION (Macmillan Reference USA, 2001), pp Kevin R. Reitz, American Law Institute, Model Penal Code: Plan for Revision, 6 BUFF. CRIM. L. REV (2002) THE CHALLENGE OF CRIME: RETHINKING OUR RESPONSE (co-authored with Henry S. Ruth, Jr.) (Harvard University Press, 2003), 374 pp. Questioning the Conventional Wisdom of Parole Release Authority, in Michael Tonry, ed., THE FUTURE OF IMPRISONMENT (Oxford University Press, 2004), pp MATERIALS PREPARED AS REPORTER FOR MODEL PENAL CODE REVISION A Proposal for Revision of the Sentencing Articles of the Model Penal Code (commissioned by the American Law Institute, submitted April 16, 2001), 26 pp. AMERICAN LAW INSTITUTE, MODEL PENAL CODE: SENTENCING, PLAN FOR REVISION (ALI, January 29, 2002), 99 pp., reprinted in 6 BUFFALO CRIM. L. REV (2002) AMERICAN LAW INSTITUTE, MODEL PENAL CODE: SENTENCING, PRELIMINARY DRAFT NO. 1 (ALI, August 28, 2002), 116 pp. AMERICAN LAW INSTITUTE, MODEL PENAL CODE: SENTENCING, REPORT (ALI, April 11, 2003), 145 pp. (submitted to the members of the American Law Institute at the 2003 annual meeting), available at < (click on ALI Projects Online ) AMERICAN LAW INSTITUTE, MODEL PENAL CODE: SENTENCING, PRELIMINARY DRAFT NO. 2 (ALI, June 3, 2003), 150 pp. AMERICAN LAW INSTITUTE, MODEL PENAL CODE: SENTENCING, PRELIMINARY DRAFT NO. 3 (ALI, May 28, 2003), 244 pp. SERVICE: January Co-Reporter (with Curtis R. Reitz), ABA Project to Rewrite 1994 Criminal Justice Standards for Sentencing Alternatives and Procedures August May 1992 Member, Human Research Committee, University of Colorado at Boulder 4

5 Member, Criminal Justice Commission Subcommittee 1994 on Sentencing, Colorado General Assembly Member, Criminal Justice Commission Subcommittee 1994 on Community Sanctions, Colorado General Assembly Member, Legal Panel, ACLU of Colorado Member, Drafting Group to Prepare Colorado 1995 Sentencing Resource Manual Member, Law School Dean Search Committee Chair, Natural Resources Law Center Director Search Committee 2001 Reporter, American Law Institute, Model Penal Code present Revision, Sentencing and Corrections Articles AWARDS: January December 2002 University of Colorado, Faculty Fellowship 2003 Recipient of the National Council on Crime and Delinquency s Prevention for a Safer Society (PASS) Award for THE CHALLENGE OF CRIME:RETHINKING OUR RESPONSE (Harvard University Press, 2003) (with coauthor Henry Ruth) PROFESSIONAL ACTIVITIES: Summer 1988 March February 1993 American Fellow, Salzburg Seminar, American Law and Legal Institutions, Salzburg, Austria Conference Organizer, University of Colorado Law Review Symposium, Sentencing Reform in the States 5

6 February 1993 August 1993 November 1993 March 1994 September 1994 September 1994 April 1995 April 1995 July 1995 July February 1996 Organizer, Meeting of State Sentencing Commissions, Boulder, CO (attended by commissions from Alaska, Arkansas, Colorado, Delaware, Minnesota, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, Utah, and Washington) Invited Speaker, Tenth Circuit Sentencing Institute, Denver, Colorado, The Law of Sentencing Departures in State and Federal Systems (panelist), Due Process at Sentencing (panel moderator) Co-Organizer and Speaker, Continuing Legal Education Program, University of Colorado Law School, Conflicts of Interest Under the New Colorado Rules of Professional Conduct Invited Speaker, American Judicature Society, Tahoe, New Mexico, Major Policy Issues of State and Federal Guideline Sentencing (discussion leader and panelist) Invited Speaker, Colorado Judicial Conference, Vail, Colorado, Sentencing Policy in Colorado Invited Speaker, Colorado Public Defender Conference, Crested Butte, Colorado, Conflicts of Interest in a Public Defender Agency Invited Speaker, Philadelphia Public Defender Association, Philadelphia, Pennsylvania, Defendants' Rights to DNA Expert Assistance Invited Speaker, Bucks County Public Defender Association, Doylestown, Pennsylvania, Conflicts of Interest and Public Defenders Under the Pennsylvania Rules Commissions, Annual Meeting, Boston, Massachusetts, Theories for the Design of Sentencing Systems Guest Editor, FEDERAL SENTENCING REPORTER, Special Issue, The Cutting Edge of Sentencing Reform: Views from Across the Country 6

7 November 1995 July 1996 August 1996 September November 1997 April February 1998 May 1997 July 1997 November 1997 December 1997 Primary Drafter, American Law Institute, Model Penal Code, Sentencing Provisions, Evaluation and Recommendation for Revisions (with Curtis R. Reitz) Commissions, Annual Meeting, Madison, Wisconsin, The Role of Appellate Courts Under Sentencing Guidelines Invited Panelist, United States Sentencing Commission Public Hearing, Denver Colorado (testimony on panels concerning relevant conduct guideline and federal departure standard) Member, Sentencing Symposium Advisory Committee, American Judicature Society (planning committee for national symposium on sentencing funded by State Justice Institute) Conference Organizer, University of Colorado Law Review Symposium, Lethal Violence in America Invited Panelist, Law and Society, 1997 Annual Meeting, St. Louis, Missouri, Structured Sentencing Systems Five Jurisdictions Responses to Perceptions of Violent Crime Invited Panelist, National Association of Sentencing Commissions, Annual Meeting, Palm Beach, Florida, Political Implications and Hot Button Issues: What They Are and How to Handle Them in Creating and Maintaining a Sentencing Commission Invited Panel Moderator, American Judicature Society, National Symposium on Sentencing, San Diego, California, Examining the Impact of Various Sentencing Guideline Models Invited Speaker, State of Delaware, Criminal Justice Council, Annual Retreat, Rehoboth Beach, Delaware, Comparing Sentencing Reform Innovations at the State Level 7

8 May 1998 June 1998 June 1998 July 1998 August 1998 August 1999 January 2000 May 2002 June 2002 August 2002 November 2002 Invited Author, Conference on Sentencing Policy Within And Across National Boundaries, University of Minnesota Law School (invited to present paper on U.S. sentencing practices in transnational perspective) Invited Panelist, Law & Society, Annual Meeting, Snowmass, Colorado, Courts as Policy Makers: Social Science, Interpretation, and Jurisprudence Invited Speaker, State of Nebraska, District Judges' Spring Educational Program, Lincoln, Nebraska (invited to speak about the experience of various U.S. jurisdictions with sentencing guidelines) Commissions, Annual Meeting, Minneapolis, Minnesota, Prosecutorial Discretion in Structured Sentencing Systems Invited Moderator and Speaker, Chautauqua Association, Chautauqua Forum, Boulder, Colorado, Corrections versus Prevention: What Are Colorado's Best Crime Reduction Strategies? Commissions, Annual Meeting, Salt Lake City, Utah, Contemporary Issues in the Management of Discretion Under Sentencing Guidelines Invited Testimony, Governor s Columbine Review Commission, Denver, Colorado, Violence Prevention and the Columbine Tragedy Public Lecture, University of Cambridge, Institute of Criminology, Cambridge, United Kingdom, America s Model Penal Code: A New Project to Revise the Sentencing and Corrections Standards The Clare Hall Arts, Society, and Humanities Colloquium, Clare Hall, University of Cambridge, Cambridge, United Kingdom, Crime, Punishment, and Law Reform in the United States Commissions, Annual Meeting, Williamsburg, Virginia, Structured Sentencing: What Lies Beyond the Grid? Austin W. Scott, Jr. Lecture, University of Colorado School of Law, 8

9 Rebuilding America s Law of Criminal Sentencing: The New Model Penal Code Updated May 28, 2004 April 2003 August 2003 September 2003 February 2004 April 2004 Participant, Buffalo Criminal Law Review, Symposium, The Model Penal Code Sentencing Revision Commissions, Annual Meeting, Seattle, Washington, Keynote Participant: Sentencing at the Crossroads: An Exploration of the Journey, Past, Present and Future; Panel Member, Best Practices: Annual Reporting and Evaluation; Panel Member, American Law Institute Sentencing Project Update Hoffinger Colloquium, New York University School of Law, Center for Research in Crime and Justice, Codification and Aspiration: The Model Penal Code Sentencing Revision Speaker, Georgia State Bar and American Law Institute, The Model Penal Code Sentencing Revision: Lessons from Recent History, Atlanta, Georgia Speaker, Three Strikes Summit, Alternatives to Three Strikes Legislation in Sentencing Guidelines Systems, McGeorge School of Law, Sacramento, California SOLICITED PEER REVIEWS: University of Chicago Press, Book Manuscript (1994); Oxford University Press, Book Proposal, Five Book Manuscripts (1995, 1996, 1996, 1999, 2000, 2003); National Academy of Sciences, Committee Report (1997), Israel Science Foundation, Research Proposal (1998), National Center for State Courts, Research Report (1998), Crime and Justice, Three Article Submissions (2000, 2001, 2004), Judicature, Article Submission (2000); Criminology, Article Submission (2003) WORKS IN PROGRESS: Punishment of Multiple and Repeat Offenders, article solicited by Columbia Law Review for conference and symposium issue on state sentencing reform, forthcoming 2005 PUNISHMENT AND LEGAL STRUCTURE (book project) 9