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Full-Text Articles in Law
When Death Becomes An Option: How Aedpa’S Opt-In Provisions Will Violate The Constitutional Rights Of Habeas Corpus Petitioners, Alexander Brock
When Death Becomes An Option: How Aedpa’S Opt-In Provisions Will Violate The Constitutional Rights Of Habeas Corpus Petitioners, Alexander Brock
Journal of Law and Policy
For centuries, the writ of habeas corpus has allowed imprisoned men and women to challenge the validity of their detention as the final source of relief from criminal sentences. For those convicted of the death penalty, it is the last resource standing between life and death. Despite its monumental significance in America’s legal history, the “Great Writ” was dealt a devastating blow with the introduction of the Antiterrorism and Effective Death Penalty Act (“AEDPA”) of 1996. Designed to expedite the legal processes from sentencing to execution, AEDPA drastically limited the avenues of relief sought by habeas petitioners. Yet, the law …
Reducing Recidivism Or Misclassifying Offenders?: How Implementing Risk And Needs Assessment In The Federal Prison System Will Perpetuate Racial Bias, Rachel Dibenedetto
Reducing Recidivism Or Misclassifying Offenders?: How Implementing Risk And Needs Assessment In The Federal Prison System Will Perpetuate Racial Bias, Rachel Dibenedetto
Journal of Law and Policy
Your Honor, I understand the appeal of using this sentencing software, EVALUATE. I do. It appears to be efficient, precise, immune to emotion and lapses in logic. It seems fair and unbiased, so shouldn’t we attempt to be fair and unbiased in evaluating whether it actually works? 32, 19, 34 . . . 32% is the federal recidivism rate. 19%? 19% is the recidivism rate of defendants tried and sentenced in your court, Judge Barish. It’s one of the lowest in the Southern District. 34%? That’s the recidivism rate of EVALUATE, higher than the national average, 15 points behind you.