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Am I Under Arrest? Why The U.S. Sentencing Guidelines Need A Strict Definition Of What Constitutes An Intervening Arrest, Rebekah R. Runyon
Am I Under Arrest? Why The U.S. Sentencing Guidelines Need A Strict Definition Of What Constitutes An Intervening Arrest, Rebekah R. Runyon
Florida Law Review
Congress provided for the creation of the U.S. Sentencing Guidelines to promote fairness and produce proportional and uniform sentences. The Guidelines provide judges with a guideline range for sentencing based on a defendant’s criminal history score and the offense level of the defendant’s criminal conduct. A defendant’s prior “intervening arrests” are considered in computing her criminal history score. But the current version of the Guidelines does not clearly define what constitutes an intervening arrest for the purposes of calculating an offender’s score. Consequently, a split has developed between circuit courts as to whether a criminal traffic citation constitutes an intervening …
What Is Federal Habeas Worth?, Samuel R. Wiseman
What Is Federal Habeas Worth?, Samuel R. Wiseman
Florida Law Review
Federal habeas review of state non-capital cases under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) is widely regarded as deeply flawed for producing a huge volume of costly litigation and very little relief. Many scholars have called for AEDPA’s repeal and a return to more robust federal review, but recently, several prominent commentators have suggested more dramatic change— radically limiting federal habeas in exchange for more fruitful reform efforts. In an era of limited criminal justice budgets and an increasing focus on efficiency, these proposals are likely to proliferate. This Article lays out a needed empirical and …
Bouncing The Proverbial Blank Check: An Argument For Including Candidates For Public Office Within The Scope Of The Hobbs Act, Jennifer Lada
Bouncing The Proverbial Blank Check: An Argument For Including Candidates For Public Office Within The Scope Of The Hobbs Act, Jennifer Lada
Florida Law Review
The Hobbs Act, codified at 18 U.S.C. § 1951, criminalizes bribery of and extortion by public officials. Under the statute, “‘extortion’ means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.” But the meaning of “under color of official right” remains ambiguous. This Note examines the ambiguity created by the phrase “under color of official right” to decide whether a candidate for public office can be held accountable under the Hobbs Act for extortion. More specifically, this Note addresses whether a candidate …