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Full-Text Articles in Law
Brief Of Professor Brandon Hasbrouck As Amicus Curiae In Support Of Appellant: Bell V. Streeval, Brandon Hasbrouck
Brief Of Professor Brandon Hasbrouck As Amicus Curiae In Support Of Appellant: Bell V. Streeval, Brandon Hasbrouck
Scholarly Articles
The core question raised by this case is whether a federal prisoner serving an unconstitutional sentence can be foreclosed from post-conviction habeas relief by the gatekeeping provisions of § 2255. The Constitution answers that question in the negative through the Suspension Clause. “[F]reedom from unlawful restraint [i]s a fundamental precept of liberty,” and the writ of habeas corpus “a vital instrument to secure that freedom.” Boumediene, 553 U.S. at 739. The importance of the common law writ was such that the Framers specified that it could be suspended only in the most exigent circumstances. U.S. Const. art. I, § …
The Just Prosecutor, Brandon Hasbrouck
The Just Prosecutor, Brandon Hasbrouck
Scholarly Articles
As the most powerful actors in our criminal legal system, prosecutors have been and remain one of the principal drivers of mass incarceration. This was and is by design. Prosecutorial power derives from our constitutional structure--prosecutors are given almost unfettered discretion to determine who to charge, what to charge, and, often, what the sentence will be. Within that structure, the prosecutor's duty is to ensure that justice is done. Yet, in exercising their outsized power, some prosecutors have fully embraced a secondary, adversarial role as a partisan advocate at the significant cost of seeking justice.
The necessary reforms of our …
Implementing Change In Sentencing And Corrections: The Need For Broad-Based Research, Nora V. Demleitner
Implementing Change In Sentencing And Corrections: The Need For Broad-Based Research, Nora V. Demleitner
Scholarly Articles
None available
How To Change The Philosophy And Practice Of Probation And Supervised Release: Data Analytics, Cost Control, Focus On Reentry, And A Clear Mission, Nora V. Demleitner
How To Change The Philosophy And Practice Of Probation And Supervised Release: Data Analytics, Cost Control, Focus On Reentry, And A Clear Mission, Nora V. Demleitner
Scholarly Articles
None available.
Alternative Visions For The Federal Criminal Justice And Corrections System: Is True Change Possible?, Nora V. Demleitner
Alternative Visions For The Federal Criminal Justice And Corrections System: Is True Change Possible?, Nora V. Demleitner
Scholarly Articles
None available.
Where To Go From Here? The Roberts Court At The Crossroads Of Sentencing, Nora V. Demleitner
Where To Go From Here? The Roberts Court At The Crossroads Of Sentencing, Nora V. Demleitner
Scholarly Articles
As the Supreme Court has turned federal sentencing upside down in Booker, it has left a host of open questions in the wake of that decision. The outcome of these questions is often difficult to predict, for lower courts and commentators alike, as the Court has failed to develop an overarching sentencing philosophy to replace the rehabilitation-focused one that animated sentencing for so long. If the Court were to reach consensus on that issue, it would be better able to speak coherently on unresolved sentencing matters. This introduction to an Issue of the Federal Sentencing Reporter highlights some of the …
Griffin V. Wisconsin, Lewis F. Powell Jr.
Griffin V. Wisconsin, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Addonizio, Lewis F. Powell Jr.
United States V. Addonizio, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Bell V. Ohio, Lewis F. Powell Jr.
Woodson V. North Carolina, Lewis F. Powell Jr.
Woodson V. North Carolina, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Mullaney V. Wilbur, Lewis F. Powell Jr.
Mullaney V. Wilbur, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.