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Full-Text Articles in Law
Bray V. Russell: The Constitutionality Of The "Bad Time" Statute, Erin Kae Cardinal
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
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 …