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Crime, Punishment, And Causation: The Effect Of Etiological Information On The Perception Of Moral Agency, Paul J. Litton, Philip Robbins
Crime, Punishment, And Causation: The Effect Of Etiological Information On The Perception Of Moral Agency, Paul J. Litton, Philip Robbins
Faculty Publications
Moral judgments about a situation are profoundly shaped by the perception of individuals in that situation as either moral agents or moral patients (Gray & Wegner, 2009; Gray, Young, & Waytz, 2012), Specifically, the more we see someone as a moral agent, the less we see them as a moral patient, and vice versa. As a result, casting the perpetrator of a transgression as a victim tends to have the effect of making them seem less blameworthy (Gray & Wegner, 201 1). Based on this theoretical framework, we predicted that criminal offenders with a mental disorder that predisposes them to …
Does The Punishment Fit The Crime?: A Comparative Note On Sentencing Laws For Murder In England And Wales Vs. The United States Of America, Megan Elizabeth Tongue
Does The Punishment Fit The Crime?: A Comparative Note On Sentencing Laws For Murder In England And Wales Vs. The United States Of America, Megan Elizabeth Tongue
Missouri Law Review
This Note explores the differences between the American legal system’s sentencing procedures for murder with the procedures of England and Wales. This Note attempts to determine how this divide occurred and whether the two countries chose the appropriate way to sentence their murderers. In particular, this Note focuses on England’s and Wales’s lack of degrees of murder and the United States’ practice of plea bargaining. Part II discusses the history of American and English criminal law and how these countries similarly evolved from their origins to the late nineteenth century. Part III explores modern criminal law theory progressing from the …
Supreme Court Decision On Juvenile Sentencing Results In Cruel And Unusual Difficulties For Missouri, Andrew Peebles
Supreme Court Decision On Juvenile Sentencing Results In Cruel And Unusual Difficulties For Missouri, Andrew Peebles
Missouri Law Review
Part II gives a brief background of the facts and circumstances surrounding the Hart decision. Part III discusses the history of the Eighth Amendment and explores the U.S. Supreme Court’s trend toward leniency in the imposition of punishments, culminating with a discussion of the Miller decision. Part IV delves into the Supreme Court of Missouri’s reasoning behind its decision in Hart and the temporary sentencing procedures the court provided. Finally, Part V comments on the many problems currently facing Missouri’s criminal justice system since the implementation of the Miller decision and the actions that will be required by the legislature …
Seconds Anyone: Using The Missouri Svp Law To Punish After Time Served, Rachel Woodell Hill
Seconds Anyone: Using The Missouri Svp Law To Punish After Time Served, Rachel Woodell Hill
Missouri Law Review
In 2006, amendments to the Missouri SVP Law took effect, lowering the state's burden of proof and changing the status under which rehabilitated individuals were permitted to rejoin society. These seemingly minor changes had enormous consequences, causing the constitutionality of the entire Missouri SVP scheme to be called into question. In the recent case, In re Care and Treatment of Van Orden, the Missouri Supreme Court addressed these concerns and found the amended scheme constitutional. However, in doing so, Missouri's highest court has effectively transformed what was once a remedial measure into a punitive sanction, under the veil of the …
The Model Federal Sentencing Guidelines Project: Adjustments For Guilty Pleas And Cooperation With The Government, Model Sentencing Guidelines §3.7 - 3.8, Frank O. Bowman Iii
The Model Federal Sentencing Guidelines Project: Adjustments For Guilty Pleas And Cooperation With The Government, Model Sentencing Guidelines §3.7 - 3.8, Frank O. Bowman Iii
Faculty Publications
This Article is the tenth of twelve parts of a set of Model Federal Sentencing Guidelines designed to illustrate the feasibility and advantages of a simplified approach to federal sentencing proposed by the Constitution Project Sentencing Initiative. The Model Sentencing Guidelines and the Constitution Project report are all to be published in Volume 18, Number 5 of the Federal Sentencing Reporter. The project is described in an essay titled 'Tis a Gift To Be Simple: A Model Reform of the Federal Sentencing Guidelines, available on SSRN at http://ssrn.com/abstract=927929. This segment of the project contains rules addressing cases in which the …
Victimhood, Jessie K. Liu
Victimhood, Jessie K. Liu
Missouri Law Review
Part I of this paper examines the theoretical tension between using the total harm caused by a convicted defendant to determine the proper punishment and limiting the categories of harm for which punishment can be imposed. This is the equivalent in the criminal context of the problem discussed in the classic tort case of Palsgraf v Long Island Railroad. How should a legal regime limit the universe of victims? Part II provides a brief overview of pre-Guidelines decisions defining the term "victim" for sentencing purposes, focusing in particular on constitutional decisions about victim participation. Although the Sentencing Guidelines have made …
The Year Of Jubilee Or Maybe Not: Some Preliminary Observations About The Operation Of The Federal Sentencing System After Booker, Frank O. Bowman Iii
The Year Of Jubilee Or Maybe Not: Some Preliminary Observations About The Operation Of The Federal Sentencing System After Booker, Frank O. Bowman Iii
Faculty Publications
This segment of the project contains the offense seriousness portion of the simplified sentencing table employed in the Model Sentencing Guidelines. The Article also contains drafter's commentary explaining the offense seriousness scale of the table, how it interacts with other portions of the Model Guidelines, and the policy choices behind the simplified table.
The Model Federal Sentencing Guidelines Project: Sentencing Factors Applicable To All Offense Types, Model Sentencing Guidelines §3.1 - 3.6, Frank O. Bowman Iii
The Model Federal Sentencing Guidelines Project: Sentencing Factors Applicable To All Offense Types, Model Sentencing Guidelines §3.1 - 3.6, Frank O. Bowman Iii
Faculty Publications
This Article is the ninth of twelve parts of a set of Model Federal Sentencing Guidelines designed to illustrate the feasibility and advantages of a simplified approach to federal sentencing proposed by the Constitution Project Sentencing Initiative. The Model Sentencing Guidelines and the Constitution Project report are all to be published in Volume 18, Number 5 of the Federal Sentencing Reporter. The project is described in an essay titled 'Tis a Gift To Be Simple: A Model Reform of the Federal Sentencing Guidelines.
The 'Abuse Excuse' In Capital Sentencing Trials: Is It Relevant To Responsibility, Punishment, Or Neither?, Paul J. Litton
The 'Abuse Excuse' In Capital Sentencing Trials: Is It Relevant To Responsibility, Punishment, Or Neither?, Paul J. Litton
Faculty Publications
The violent criminal who was a victim of severe childhood abuse frequently appears in the responsibility literature because he presents a difficulty for theorists who maintain the compatibility of causal determinism and our practices of holding persons responsible. The challenge is based on the fact that learning about an offender's horrific childhood mitigates the indignation that many persons feel towards him, possibly indicating that they hold him less than fully responsible. Many capital defendants present evidence of suffering childhood abuse, and many jurors find this evidence to count against imposing death. The most obvious explanation for a response like this …
Justifying Restorative Justice: A Theoretical Justification For The Use Of Restorative Justice Practices, Zvi D. Gabbay
Justifying Restorative Justice: A Theoretical Justification For The Use Of Restorative Justice Practices, Zvi D. Gabbay
Journal of Dispute Resolution
This paper analyzes the premises of the two main theories of punishment that influence sentencing policies in most Western countries-retributivism and utilitarianism-and compares them to the basic values that structure the restorative justice theory. It then makes clear distinctions between restorative justice and the rehabilitative ideal and addresses the criticism that, like rehabilitation, restorative justice results in different punishments to equally culpable offenders. The paper concludes that restorative justice does not contradict retribution and utility as theoretical justifications for penal sanctioning. Moreover, it suggests that restorative practices rehabilitate the basic notions of retribution and deterrence that have been neglected in …
Murder, Meth, Mammon & Moral Values: The Political Landscape Of American Sentencing Reform (In Symposium On White Collar Crime), Frank O. Bowman Iii
Murder, Meth, Mammon & Moral Values: The Political Landscape Of American Sentencing Reform (In Symposium On White Collar Crime), Frank O. Bowman Iii
Faculty Publications
This Article examines the ongoing American experiment in mass incarceration and considers the prospects for meaningful sentencing reform.
Beyond Bandaids: A Proposal For Reconfiguring Federal Sentencing After Booker, Frank O. Bowman Iii
Beyond Bandaids: A Proposal For Reconfiguring Federal Sentencing After Booker, Frank O. Bowman Iii
Faculty Publications
This Article proposes a simplified sentencing table consisting of nine base sentencing ranges, each subdivided into three sub-ranges. The base sentencing range would be determined by combining offense facts found by a jury or admitted in a plea with the defendant's criminal history. A defendant's placement in the sub-ranges would be determined by post-conviction judicial findings of sentencing factors. No upward departures from the base sentencing range would be permissible, but defendants might be sentenced below the low end of the base sentencing range as a result of an acceptance of responsibility credit or due to a downward departure motion. …
Briefing Paper On Problems In Redefining "Loss" (U.S. Sentencing Commission Economic Crime Symposium), Frank O. Bowman Iii
Briefing Paper On Problems In Redefining "Loss" (U.S. Sentencing Commission Economic Crime Symposium), Frank O. Bowman Iii
Faculty Publications
On October 12-13, 2000, the U.S. Sentencing Commission sponsored its Third Symposium On Crime and Punishment in the United States: Federal Sentencing Policy for Economic Crimes and New Technology Offenses. The afternoon of the first day of the meeting was devoted to discussing the concept of “loss” as a measurement of defendant culpability and offense seriousness. The conferees were divided into small groups to discuss discrete sub-issues relating to “loss” and its place in sentencing economic crimes under the Guidelines. Following the small group discussions, the discussion leaders (“facilitators”) addressed a plenary session of the conference to report on the …
Michigan's Binding Summary Jury Trial: Reward Or Punishment - Farleigh V. Amalgamated Transit Union, Local 1251, Thomas G. Glick
Michigan's Binding Summary Jury Trial: Reward Or Punishment - Farleigh V. Amalgamated Transit Union, Local 1251, Thomas G. Glick
Journal of Dispute Resolution
In 1988, the Michigan Supreme Court added the summary jury trial to its arsenal of settlement devices available to trial judges.' Unfortunately, the summary jury trial employed in Farleigh v. Amalgamated Transit Union, Local 1251 failed to meet its goal, and no settlement was reached by the parties.6 Nevertheless, the Michigan Court of Appeals chose to enforce the summary jury verdict,7 thereby drawing into question not only the ability of the summary jury trial to meet the preliminary goal of promoting settlement, but also the larger goal of the accomplishment of justice