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Using The Survey Of Inmates Of State And Federal Correctional Facilities To Compare Female And Male Inmate Characteristics., Jacqueline Anita Black
Using The Survey Of Inmates Of State And Federal Correctional Facilities To Compare Female And Male Inmate Characteristics., Jacqueline Anita Black
Electronic Theses and Dissertations
The purpose of this study was to examine the differences between female and male prison inmates using the Survey of Inmates of State and Federal Correctional Facilities, 1997. Variables examined included current offense, criminal history, drug use history, victimization history, program participation in the institution, disciplinary infractions in the institution, family history, and interaction with family while in prison. Results indicate that male inmates have worse criminal histories and longer sentences than female inmates. Female inmates have more extensive drug use histories, greater victimization histories, more program participation in the institution, and more criminality in their families of origin than …
The 2002 Supreme Court Decisions: Did They Leave Enough Of Apprendi To Effectively Protect Criminal Defendants?, Charlotte Leclercq
The 2002 Supreme Court Decisions: Did They Leave Enough Of Apprendi To Effectively Protect Criminal Defendants?, Charlotte Leclercq
Northern Illinois University Law Review
This comment explores the true impact of the 2000 landmark decision, Apprendi v. New Jersey, in which the United States Supreme Court determined that any fact that increases a criminal defendant's sentence beyond the statutory maximum has to be submitted to a jury and proven beyond a reasonable doubt. At the time, the decision appeared to be a triumph for the procedural due process rights of defendants. However the opinion of the majority, as well as those of the concurrence and dissents, left the actual effect of the decision subject to considerable debate among courts and commentators. In 2002 the …
The Prosecutor's Dilemma: Bargains And Punishments, Russell L. Christopher
The Prosecutor's Dilemma: Bargains And Punishments, Russell L. Christopher
Fordham Law Review
No abstract provided.
Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan
Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan
Cornell Law Faculty Publications
No abstract provided.
Starting Over With A Clean Slate: In Praise Of A Forgotten Section Of The Model Penal Code, Margaret Colgate Love
Starting Over With A Clean Slate: In Praise Of A Forgotten Section Of The Model Penal Code, Margaret Colgate Love
Fordham Urban Law Journal
Convicted felons have no realistic hope of full reintegration into society when jurisdictions do not provide for eventual removal of collateral penalties and when relief mechanisms are insufficient or ineffective. Because Americans are uncomfortable with such an unforgiving system and states are considering the economic burdens of such a system, jurisdictions should take steps to limit the scope and duration of these collateral consequences. This Article proposes a legal framework aimed to fully reintegrate an offender into society post incarceration. It urges a return to the reforms of the 1960s and 70s, the ABA Standards on Collateral Sanctions, and Section …
Retribution: The Central Aim Of Punishment, Gerard V. Bradley
Retribution: The Central Aim Of Punishment, Gerard V. Bradley
Journal Articles
When I worked for the Manhattan District Attorney's Office in the early 1980s, criminal sentences were consistently and dramatically too lenient. Though those years marked the ebb tide for the rehabilitative ideal of punishment and indeterminate "zip-to-ten" sentences, only career felons and those convicted of the most serious crimes were candidates for the sentences they justly deserved. Hamstrung by apparently silly rules of constitutional etiquette and bureaucratic sclerosis, the police were eclipsed in the mind of the public by the cold-blooded Everyman, bound only by the law of the jungle and some elusive sense of justice. Ultimately, popular demand required …
Jury Sentencing As Democratic Practice, Jenia I. Turner
Jury Sentencing As Democratic Practice, Jenia I. Turner
Faculty Journal Articles and Book Chapters
After a century of reform and experimentation, sentencing remains a highly contested area of the criminal justice system. Scholars as well as the public at large disagree about the proper purposes and functions of punishment, and dissatisfaction with the sentencing status quo is high. Most recent critiques of the sentencing process have focused on the amount of discretion tolerated by the system. This Article goes further in arguing that the source of sentencing discretion is also very important to the legitimacy and integrity of the sentencing process. In the absence of wide consensus on sentencing goals, it is best to …
Beyond The Bright Line: A Contemporary Right-To-Counsel Doctrine, Pamela R. Metzger
Beyond The Bright Line: A Contemporary Right-To-Counsel Doctrine, Pamela R. Metzger
Faculty Journal Articles and Book Chapters
The current right-to-counsel doctrine was developed in the 1970's. It created a bright-line rule still in effect today. The right to counsel attaches only at "critical stages" of a criminal prosecution. Under this critical stage doctrine, the right to counsel only attaches after the initiation of formal adversary proceedings and only applies to confrontations between the accused and the prosecution or law enforcement. In the years following the Supreme Court's development of the critical stage doctrine, national trends of mandatory sentencing and sentencing guidelines revolutionized criminal procedure and dramatically altered the roles of the system's key players.
Now, defense counsel's …