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When Discretion Leads To Distortion: Recognizing Pre-Arrest Sentence-Manipulation Claims Under The Federal Sentencing Guidelines, Jeffrey L. Fisher
When Discretion Leads To Distortion: Recognizing Pre-Arrest Sentence-Manipulation Claims Under The Federal Sentencing Guidelines, Jeffrey L. Fisher
Michigan Law Review
This Note argues that sentence manipulation should be a legally viable partial defense - a defense that does not warrant complete exoneration, but does warrant a reduced sentence when the government's investigative techniques place a quantity of drugs before the court that overrepresents the defendant's culpability, or individual blameworthiness. Part I describes the policies and objectives that underlie the Guidelines, but then demonstrates how the rigid application of quantity-based sentencing provisions can lead to sentence manipulation that thwarts these goals, particularly the goal of sentencing according to culpability. Part II describes how courts have responded to sentence manipulation claims. It …
Beyond The War On Drugs: Overcoming A Failed Public Policy, Kenneth R. Hillier
Beyond The War On Drugs: Overcoming A Failed Public Policy, Kenneth R. Hillier
Michigan Law Review
A Review of Beyond the War on Drugs: Overcoming a Failed Public Policy by Steven Wisotsky
Narrowing The Scope Of Civil Drug Forfeiture: Section 881, Substantial Connection And The Eighth Amendment, James B. Speta
Narrowing The Scope Of Civil Drug Forfeiture: Section 881, Substantial Connection And The Eighth Amendment, James B. Speta
Michigan Law Review
This Note offers two justifications for narrowing the scope of section 881 forfeiture. Part I argues that courts should apply the substantial connection test to section 881 forfeitures. This Part analyzes the statute using the traditional tools of statutory interpretation. While the text of the statute seems to support the broadest possible interpretation, the legislative history and context of adoption suggest that the substantial connection test is consistent with Congressional intent. In amending section 881, subsequent Congresses have favored application of the substantial connection test. Consistent with this narrower reading, present strategy in the "war on drugs" focuses stiff penalties …
The Heroin Solution, Michigan Law Review
The Heroin Solution, Michigan Law Review
Michigan Law Review
A Review of The Heroin Solution by Arnold S. Trebach
The Hardest Drug: Heroin And Public Policy, Michigan Law Review
The Hardest Drug: Heroin And Public Policy, Michigan Law Review
Michigan Law Review
A Review of The Hardest Drug: Heroin and Public Policy by John Kaplan