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Progressive Alternatives To Imprisonment In An Increasingly Punitive (And Self-Defeating) Society, Sandeep Gopalan, Mirko Bagaric
Progressive Alternatives To Imprisonment In An Increasingly Punitive (And Self-Defeating) Society, Sandeep Gopalan, Mirko Bagaric
Seattle University Law Review
Criminal sanctions are a necessary and appropriate response to crime. But extremism, especially when coupled with a slavish and unthinking adherence to traditional practices, nearly always produces unfortunate consequences. Such is the case with the rapid growth in prison numbers in the United States over the past two decades. The prime purpose of imprisonment is to punish serious offenders and to prevent them from reoffending during the period of detention. The overuse of imprisonment has resulted in the violation of the most cardinal moral prohibition associated with imprisonment: punishing the innocent. The runaway cost of the prison budget has resulted …
Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch
Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch
Seattle University Law Review
Miller v. Alabama appeared to strengthen constitutional protections for juvenile sentencing that the United States Supreme Court recognized in Roper v. Simmons and Graham v. Florida. In Roper, the Court held that executing a person for a crime committed as a juvenile is unconstitutional under the Eighth Amendment. In Graham, the Court held that sentencing a person to life without parole for a nonhomicide offense committed as a juvenile is unconstitutional under the Eighth Amendment. In Miller, the Court held that a mandatory sentence of life without parole for a homicide offense committed by a juvenile is also unconstitutional under …
Searching For The "Tail Of The Dog": Finding "Elements" Of Crimes In The Wake Of Mcmillan V. Pennsylvania, Richard G. Singer, Mark D. Knoll
Searching For The "Tail Of The Dog": Finding "Elements" Of Crimes In The Wake Of Mcmillan V. Pennsylvania, Richard G. Singer, Mark D. Knoll
Seattle University Law Review
Part II of this Article will examine the historical importance of punishment as a litmus test in the common law in finding the elements of an offense. In Part III, the historical approach used by federal courts when value or quantity was at issue will be analyzed in order to round out the pre-McMillan framework. Part IV will discuss the McMillan decision, as well as the post-McMillan regime. Part V will analyze Jones v. United States, the case now pending before the Court, in which the Court may have its last chance to correct the error of McMillan and …
Rico, Merger, And Double Jeopardy, Earle A. Partington
Rico, Merger, And Double Jeopardy, Earle A. Partington
Seattle University Law Review
This Article will examine RICO as it has been interpreted by the United States Courts of Appeals and the Supreme Court of the United States in an effort to determine the effects that merger and double jeopardy have had in the past, and should have in the future, upon RICO prosecutions. Because the doc- trines of merger and double jeopardy are criminal law principles, only the criminal aspects of RICO will be examined. Initially, this Article will explore the purpose and history of RICO and examine the doctrines of merger and double jeopardy and their application to RICO indictments and …