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Full-Text Articles in Entire DC Network

Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann Oct 1995

Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann

Indiana Law Journal

Symposium: The Capital Jury Project


Section 1983 Litigation, Martin A. Schwartz Jan 1995

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


Defining Excessiveness: Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States, Sarah N. Welling, Medrith Lee Hager Jan 1995

Defining Excessiveness: Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States, Sarah N. Welling, Medrith Lee Hager

Law Faculty Scholarly Articles

In 1971, agents of the federal government seized a $20,000 yaught after finding a small quantity of marijuana on board. Ten years later government agents confiscated a twenty-eight foot boat that held drugs consisting of one marijuana twig and two marijuana leaves. Since then, the government has taken possession of a $250,000 home because a drug transaction occurred in a car parked in the driveway and of a smaller dwelling because the owner used the telephone inside to set up a drug deal at another location. In another incident, local, county, state, and federal agents shot and killed the owner …


Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven P. Grossman Jan 1995

Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven P. Grossman

All Faculty Scholarship

This Article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessive prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportionate to the crime. In analyzing all of the modern holdings of the Court in this area, this Article finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is confused, and what law can be discerned rests on weak foundations. …