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Full-Text Articles in Law
In Search Of The Virtuous Prosecutor: A Conceptual Framework, Stanley Z. Fisher
In Search Of The Virtuous Prosecutor: A Conceptual Framework, Stanley Z. Fisher
Faculty Scholarship
Questions about the scope and content of the duty to "seek justice" pervade prosecutorial work. Prosecutors are required to serve in a dual role: they are both advocates seeking conviction and "ministers of justice." Observers have complained about a tendency on the part of prosecutors to prefer the former of these "schizophrenic" obligations to the latter. This is commonly described as a tendency to behave overzealously or according to a "conviction psychology. ' "
Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank
Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank
Faculty Articles and Other Publications
Although procedural due process requirements govern the proof of a violation in a probation revocation hearing, judges exercise almost total discretion in deciding what sanctions to impose once a violation is established. These postsentence judgments can be as important as the initial sentencing. Sanctions for even minor probation violations can range from obligating a probationer to meet with his probation officer more frequently to executing a suspended prison sentence. The Supreme Court recognized in Morrissey v. Brewer that the choice of sanctions is often more complex than the proof of a violation. Principles must be developed to regulate postsentence sentencing. …
Legality And Discretion In The Distribution Of Criminal Sanctions, Paul H. Robinson
Legality And Discretion In The Distribution Of Criminal Sanctions, Paul H. Robinson
All Faculty Scholarship
The judicial system now responds to criminal conduct in two rather divergent steps. A judge or jury first determines if a defendant should be held liable for a criminal offense. If so, then the judge or jury goes on to choose a penalty. Precise rules, designed to ensure fairness and predictability, govern the first stage, liability assignment. In the second stage, sentencing, however, judges and juries exercise broad discretion in meting out sanctions. In this Article, Professor Robinson argues that both liability assignment and sentencing are part of a single process of punishing criminal behavior and should be made more …