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Criminal Law

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Akron Law Review

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Criminal sentencing

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Bray V. Russell: The Constitutionality Of The "Bad Time" Statute, Erin Kae Cardinal Jul 2015

Bray V. Russell: The Constitutionality Of The "Bad Time" Statute, Erin Kae Cardinal

Akron Law Review

This Note analyzes the Court’s decision in Bray. Part II presents an overview of sentencing systems in the United States, the bad time penalty, and a brief background of the doctrine of separation of powers. Part III presents the facts, procedural history, and holding of Bray. Part IV analyzes the Court’s holding pursuant to the Due Process Clause rather than the doctrine of separation of powers. This Note concludes that although the bad time statute is unconstitutional as a violation of the doctrine of separation of powers, the court could have alternatively decided that the bad time statute also violates …


Third Strike Or Merely A Foul Tip?: The Gross Disproportionality Of Lockyer V. Andrade, Joy M. Donham Jul 2015

Third Strike Or Merely A Foul Tip?: The Gross Disproportionality Of Lockyer V. Andrade, Joy M. Donham

Akron Law Review

“The United States is besieged by an incarceration crisis which far surpasses that of any other nation.” Scholars attribute the increasing prison population to changes in sentencing policy. Politicians have used the public pressure resulting from its fear of violence to pass legislation that supports this change in policy and creates more fixed sentencing structures.

California’s Three Strikes law (Three Strikes), an example of such a structure, has resulted in the largest increase in the prison population. Public pressure, spurred by the fear of violent criminals being released and committing the same crimes again and again, led to the enactment …


The Wisdom And Morality Of Present-Day Criminal Sentencing, Joshua Dressler Jul 2015

The Wisdom And Morality Of Present-Day Criminal Sentencing, Joshua Dressler

Akron Law Review

This lecture was delivered at the University of Akron School of Law on April 1, 2004...Today I want to talk about criminal sentencing and its connection, or I fear lack of connection, to basic principles of punishment that are supposed to make our system rational and morally just. Let’s keep in mind that, everyday, in courts all over the country, judges are sentencing persons to prison. They are doing that in our name. Punishment— sentencing people to prison—involves intentionally inflicting pain on persons by denying them liberty, which we all value, and separating them from their community. Certainly, we need …