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Punishment And Juvenile Justice: A Conceptual Framework For Assessing Constitutional Rights Of Youthful Offenders, Martin R. Gardner

Vanderbilt Law Review

This Article attempts to provide an analytical framework for identifying the punitive aspects of the juvenile justice system. The Article proposes a framework that is extrapolated from Supreme Court cases which define punishment in contexts outside the juvenile area. Several commentators have criticized the Court's definitional efforts, some because of perceived inadequacies in the developed definitions, others because of the belief that the very enterprise of defining constitutional rights in terms of the presence or absence of punishment is misguided . Although many of these criticisms of the Court's record are understandable, the alleged defects are less detrimental to an …

Criminal Law: The Missing Element In Sentencing Reform, Michael H. Tonry

Vanderbilt Law Review

The thesis of this Article is that the substantive criminal law is the missing element in sentencing reform. If comprehensive sentencing reform strategies are to have lasting effect, legislatures must reintroduce the criminal law to the sentencing process. This step will require a rekindled interest in a moral analysis of the substantive criminal law and the enactment of greatly reduced statutory sentence maximums, along with more conventional institutional changes to structure discretion and increase official accountability.

Objections to American sentencing procedures range from the principled to the practical. Part II of this Article summarizes the basic objections that have influenced …

Post-Whalen Double Jeopardy In Virginia, Ronald J. Bacigal

Law Faculty Publications

The constitutional prohibition against double jeopardy serves three distinct purposes: (1) prohibition of a second prosecution after acquittal; (2) prohibition of a second prosecution after conviction; and (3) prohibition of multiple punishments for the same offense. This article addresses the problem of defining "the same offense," and specifically focuses on the application of the Blockburger test in light of Whalen v. United States.

Salvaging Proportionate Prison Sentencing: A Reply To Rummel V. Estelle, Thomas F. Cavalier

University of Michigan Journal of Law Reform

Part I of this Note provides a capsule of the Court's holding in Rummel. Part II argues, contrary to Rummel, that precedential support can be mustered to support eighth amendment review of sentence length. Finally, part 11,1 discusses the continued viability of the proportionality test as a vehicle for assessing challenges to the length of imprisonment, and discounts the concerns voiced in Rummel regarding the difficulty of judicial review of legislative sentencing decisions.

A Case Against The Kantian Retributivist Theory Of Punishment: A Response To Professor Pugsley, Leon Pearl

Hofstra Law Review

No abstract provided.

Corporate Compliance With The Fcpa, Albert L. Beswick

Syracuse Journal of International Law and Commerce

American corporations have learned to live reasonably with, if not actually love, the Foreign Corrupt Practices Act. Congress is currently being told that there are things that need correcting in the Act. Congress will eventually face these problems rather seriously so that a bill in some form will amend some of the things wrong with the Act. It is doubtful that any business person of good faith thinks there is anything wrong with the theses behind the Act. Business has learned, to its benefit, to live with the requirements of the Act.