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How To Assess The Real World Application Of A Capital Sentencing Statute: A Response To Professor Flanders’S Comment, John Mills Jan 2017

How To Assess The Real World Application Of A Capital Sentencing Statute: A Response To Professor Flanders’S Comment, John Mills

Faculty Scholarship

In assessing the constitutionality of a capital sentencing regime, the raw number of aggravating factors is irrelevant. What matters is their scope. To pass constitutional muster, aggravating factors (or the equivalent) must narrow the scope of death eligibility to the worst-of-the-worst. Professor Chad Flanders wants courts to ignore empirical assessments of the scope of aggravating circumstances and uses an imagined State of Alpha as his jumping off point. This response to Prof. Flanders makes the case for looking at the actual operation of a law, not just its reach in the abstract. This response focuses on Arizona’s capital sentencing regime …


Legal Indeterminacy In Insanity Cases: Clarifying Wrongfulness And Applying A Triadic Approach To Forensic Evaluations, Kate Bloch, Jeffery Gould Jan 2016

Legal Indeterminacy In Insanity Cases: Clarifying Wrongfulness And Applying A Triadic Approach To Forensic Evaluations, Kate Bloch, Jeffery Gould

Faculty Scholarship

No abstract provided.


Merit-Based Sentencing Reductions: Moving Forward On Specifics, And Some Critique Of The New Model Penal Code, Rory Little Jan 2015

Merit-Based Sentencing Reductions: Moving Forward On Specifics, And Some Critique Of The New Model Penal Code, Rory Little

Faculty Scholarship

No abstract provided.


Citizen Participation In Criminal Trials In Japan: The Saiban-In System And Victim Participation In Japan In International Perspectives, Setsuo Miyazawa Jan 2014

Citizen Participation In Criminal Trials In Japan: The Saiban-In System And Victim Participation In Japan In International Perspectives, Setsuo Miyazawa

Faculty Scholarship

No abstract provided.


Aba's Project To Revise The Criminal Justice Standards For The Prosecution And Defense Functions, Rory K. Little Jan 2011

Aba's Project To Revise The Criminal Justice Standards For The Prosecution And Defense Functions, Rory K. Little

Faculty Scholarship

No abstract provided.


Defining The Problem, Hadar Aviram Jan 2010

Defining The Problem, Hadar Aviram

Faculty Scholarship

No abstract provided.


Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt Jan 2010

Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt

Faculty Scholarship

No abstract provided.


Reconceptualizing Restorative Justice, Kate Bloch Jan 2010

Reconceptualizing Restorative Justice, Kate Bloch

Faculty Scholarship

No abstract provided.


Reviving Lenity And Honest Belief At The Boundaries Of Criminal Law, John L. Diamond Jan 2010

Reviving Lenity And Honest Belief At The Boundaries Of Criminal Law, John L. Diamond

Faculty Scholarship

No abstract provided.


Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard Leo Jan 2010

Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard Leo

Faculty Scholarship

No abstract provided.


Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram Jan 2010

Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram

Faculty Scholarship

No abstract provided.


Changing The Topography Of Sentencing, Kate Bloch Jan 2010

Changing The Topography Of Sentencing, Kate Bloch

Faculty Scholarship

No abstract provided.


Sentencing Reform In California, Aaron J. Rappaport Jan 2010

Sentencing Reform In California, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


It's Not My Problem? Wrong: Prosecutors Have An Important Ethical Role To Play, Rory K. Little Jan 2010

It's Not My Problem? Wrong: Prosecutors Have An Important Ethical Role To Play, Rory K. Little

Faculty Scholarship

No abstract provided.


Prosecuting Core Crimes In The United States: Recent Changes And Prospects For 2010, Naomi Roht-Arriaza Jan 2009

Prosecuting Core Crimes In The United States: Recent Changes And Prospects For 2010, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.


Does Warrantless Wiretapping Violate Moral Rights?, Evan Tsen Lee Jan 2007

Does Warrantless Wiretapping Violate Moral Rights?, Evan Tsen Lee

Faculty Scholarship

No abstract provided.


The Legality Of The Nsa Wiretapping Program, Evan Tsen Lee Jan 2006

The Legality Of The Nsa Wiretapping Program, Evan Tsen Lee

Faculty Scholarship

No abstract provided.


Aba Files Amicus Brief In Actual Innocence Case, Rory K. Little Jan 2006

Aba Files Amicus Brief In Actual Innocence Case, Rory K. Little

Faculty Scholarship

No abstract provided.


The Lost History Of Apprendi And The Blakely Petition For Rehearing, Rory K. Little, Teresa Chen Jan 2004

The Lost History Of Apprendi And The Blakely Petition For Rehearing, Rory K. Little, Teresa Chen

Faculty Scholarship

No abstract provided.


What Federal Prosecutors Really Think: The Puzzle Of Statistical Race Disparity Versus Specific Guilt, And The Specter Of Timothy Mcveigh, Rory K. Little Jan 2004

What Federal Prosecutors Really Think: The Puzzle Of Statistical Race Disparity Versus Specific Guilt, And The Specter Of Timothy Mcveigh, Rory K. Little

Faculty Scholarship

No abstract provided.


What The Supreme Court Should Do: Save Sentencing Reform, Gut The Guidelines, Aaron J. Rappaport Jan 2004

What The Supreme Court Should Do: Save Sentencing Reform, Gut The Guidelines, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


Section 2254(D) Of The Federal Habeas Statute: Is It Beyond Reason?, Evan Tsen Lee Jan 2004

Section 2254(D) Of The Federal Habeas Statute: Is It Beyond Reason?, Evan Tsen Lee

Faculty Scholarship

No abstract provided.


Unprincipled Punishment: The U.S. Sentencing Commission's Troubling Silence About The Purposes Of Punishment, Aaron J. Rappaport Jan 2003

Unprincipled Punishment: The U.S. Sentencing Commission's Troubling Silence About The Purposes Of Punishment, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


Accomplishing The Purposes Of Sentencing–The Role Of The Courts And The Commission, Aaron J. Rappaport Jan 2003

Accomplishing The Purposes Of Sentencing–The Role Of The Courts And The Commission, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


Rationalizing The Commission: The Philosophical Premises Of The U.S. Sentencing Guidelines, Aaron J. Rappaport Jan 2003

Rationalizing The Commission: The Philosophical Premises Of The U.S. Sentencing Guidelines, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


Why A Federal Death Penalty Moratorium?, Rory K. Little Jan 2001

Why A Federal Death Penalty Moratorium?, Rory K. Little

Faculty Scholarship

No abstract provided.


Good Enough For Government Work? The Tension Between Uniformity And Differing Regional Values In Administering The Federal Death Penalty, Rory K. Little Jan 2001

Good Enough For Government Work? The Tension Between Uniformity And Differing Regional Values In Administering The Federal Death Penalty, Rory K. Little

Faculty Scholarship

No abstract provided.


The Future Of The Federal Death Penalty, Rory K. Little Jan 2000

The Future Of The Federal Death Penalty, Rory K. Little

Faculty Scholarship

No abstract provided.


The State Of Severity, Aaron J. Rappaport Jan 1999

The State Of Severity, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


Speaking Of Purposes, Aaron J. Rappaport Jan 1999

Speaking Of Purposes, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.