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Articles 1 - 21 of 21
Full-Text Articles in Law
Life Without Parole Sentencing In North Carolina, Brandon L. Garrett, Travis M. Seale-Carlisle, Karima Modjadidi, Kristen M. Renberg
Life Without Parole Sentencing In North Carolina, Brandon L. Garrett, Travis M. Seale-Carlisle, Karima Modjadidi, Kristen M. Renberg
Faculty Scholarship
What explains the puzzle of life without parole (LWOP) sentencing in the United States? In the past two decades, LWOP sentences have reached record highs, with over 50,000 prisoners serving LWOP. Yet during this same period, homicide rates have steadily declined. The U.S. Supreme Court has limited the use of juvenile LWOP in Eighth Amendment rulings. Further, death sentences have steeply declined, reaching record lows. Although research has examined drivers of incarceration patterns for certain sentences, there has been little research on LWOP imposition. To shed light on what might explain the sudden rise of LWOP, we examine characteristics of …
Declining Corporate Prosecutions, Brandon L. Garrett
Declining Corporate Prosecutions, Brandon L. Garrett
Faculty Scholarship
In the aftermath of the Global Financial Crisis, people across the United States protested that "too big to jail" banks were not held accountable after the financial crisis. Little has changed. Newly collected data concerning enforcement during the Trump Administration has made it possible to assess what impact a series of new policies has had on corporate enforcement. To provide a snapshot comparison, in its last twenty months, the Obama Administration levied $I4.15 billion in total corporate penalties by prosecuting seventy-one financial institutions and thirty-four public companies. During the first twenty months of the Trump Administration, corporate penalties declined to …
The Development And Evolution Of The U.S. Law Of Corporate Criminal Liability And The Yates Memo, Sara Sun Beale
The Development And Evolution Of The U.S. Law Of Corporate Criminal Liability And The Yates Memo, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Justice As A Rounding Error?: Evidence Of Subconscious Bias In Second-Degree Murder Sentences In Canada, Craig E. Jones, Micah B. Rankin
Justice As A Rounding Error?: Evidence Of Subconscious Bias In Second-Degree Murder Sentences In Canada, Craig E. Jones, Micah B. Rankin
Osgoode Hall Law Journal
There are few areas of law that grant judges as much discretion as the sentencing of criminal offenders. This discretion necessarily leads to concerns about the influence of biases, including those that result from subconscious processes associated with human cognition; that is to say, heuristics. In this article, the authors explore one heuristic—number preference—through an examination of all reported second degree murder parole ineligibility decisions between 1990 and 2012. Number preference leads individuals to predictably round off measurements to certain favoured numbers. The authors identify a tendency for parole ineligibility decisions to cluster around even numbers and multiples of five, …
Prosecutorial Decriminalization, Erik Luna
Prosecutorial Decriminalization, Erik Luna
Erik Luna
The article discusses the legal concept of prosecutorial decriminalization in the U.S. as of July 2012, focusing on an analysis of the use of criminal laws to enforce the public standards of morality in America. Penal codes and criminal sanctions are addressed, along with several reform measures aimed at restructuring a criminal law system in the U.S. which has reportedly been overburdened by overcriminalization. The use of the American judiciary system as a check on overcriminalization is mentioned.
Virginia’S Redefinition Of The “Future Dangerousness” Aggravating Factor: Unprecedented, Unfounded, And Unconstitutional , Lara D. Gass
Virginia’S Redefinition Of The “Future Dangerousness” Aggravating Factor: Unprecedented, Unfounded, And Unconstitutional , Lara D. Gass
Washington and Lee Law Review
No abstract provided.
Prosecutorial Decriminalization, Erik Luna
Prosecutorial Decriminalization, Erik Luna
Scholarly Articles
The article discusses the legal concept of prosecutorial decriminalization in the U.S. as of July 2012, focusing on an analysis of the use of criminal laws to enforce the public standards of morality in America. Penal codes and criminal sanctions are addressed, along with several reform measures aimed at restructuring a criminal law system in the U.S. which has reportedly been overburdened by overcriminalization. The use of the American judiciary system as a check on overcriminalization is mentioned.
Reverberations Of The Victim's "Voice": Victim Impact Statements And The Cultural Project Of Punishment, Erin L. Sheley
Reverberations Of The Victim's "Voice": Victim Impact Statements And The Cultural Project Of Punishment, Erin L. Sheley
Indiana Law Journal
No abstract provided.
Legal Representation In The Chinese Criminal Court, Yudu Li, Hong Lu
Legal Representation In The Chinese Criminal Court, Yudu Li, Hong Lu
Graduate Research Symposium (GCUA) (2010 - 2017)
Abstract: Legal representation plays an important role in criminal sentencing decisions. China has recently stipulated a mandatory legal representation clause for all offenders facing capital charges in its Criminal Procedural Law (1996). This study uses data generated from criminal court case documents involving three serious violent crimes: murder, intentional assault, and robbery. All these crimes carry a maximum of sentence of death. The study examines whether and under what conditions legal representation has an effect on criminal sentencing decisions in China. While the overall multi-regression model did not find that having a legal representation significantly reduces the criminal sentence, a …
The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar
The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar
Faculty Scholarship
No abstract provided.
Is Now The Time For Major Federal Sentencing Reform?, Sara Sun Beale
Is Now The Time For Major Federal Sentencing Reform?, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Amendment 706 To The U.S. Sentencing Guidelines: Not All It Was Cracked Up To Be, Brian Crowell
Amendment 706 To The U.S. Sentencing Guidelines: Not All It Was Cracked Up To Be, Brian Crowell
Villanova Law Review
No abstract provided.
At The Intersection Of Race And History: The Unique Relationship Between The Davis Intent Requirement And The Crack Laws, Christopher J. Tyson
At The Intersection Of Race And History: The Unique Relationship Between The Davis Intent Requirement And The Crack Laws, Christopher J. Tyson
Journal Articles
No abstract provided.
Better A Drug Dealer Than A Drug Buyer - The Third Circuit Grapples With The United States Sentencing Guidelines In United States V. Smack, Michael T. Henry
Better A Drug Dealer Than A Drug Buyer - The Third Circuit Grapples With The United States Sentencing Guidelines In United States V. Smack, Michael T. Henry
Villanova Law Review
No abstract provided.
Departing Ways: Uniformity, Disparity And Cooperation In Federal Drug Sentences, Michael A. Simons
Departing Ways: Uniformity, Disparity And Cooperation In Federal Drug Sentences, Michael A. Simons
Villanova Law Review
No abstract provided.
What Makes Sentencing Facts Controversial - Four Problems Obscured By One Solution, Jacqueline E. Ross
What Makes Sentencing Facts Controversial - Four Problems Obscured By One Solution, Jacqueline E. Ross
Villanova Law Review
No abstract provided.
Reasonable Doubt In Doubt: Sentencing And The Supreme Court In United States V. Watts, Sandra K. Wolkov
Reasonable Doubt In Doubt: Sentencing And The Supreme Court In United States V. Watts, Sandra K. Wolkov
University of Miami Law Review
No abstract provided.
Felony-Murder Doctrine Through The Federal Looking Glass, Henry S. Noyes
Felony-Murder Doctrine Through The Federal Looking Glass, Henry S. Noyes
Indiana Law Journal
No abstract provided.
The New Reno Bluesheet: A Little More Candor Regarding Prosecutorial Discretion, Sara Sun Beale
The New Reno Bluesheet: A Little More Candor Regarding Prosecutorial Discretion, Sara Sun Beale
Faculty Scholarship
No abstract provided.
The Great Repression: Criminal Punishment In The Nineteen-Eighties, Michael Mandel
The Great Repression: Criminal Punishment In The Nineteen-Eighties, Michael Mandel
Articles & Book Chapters
No abstract provided.
Wisconsin Sentence Modification: A View From The Trial Court, Kate Kruse, Kim E. Patterson
Wisconsin Sentence Modification: A View From The Trial Court, Kate Kruse, Kim E. Patterson
Faculty Scholarship
In Wisconsin, trial courts have discretion to modify a defendant's criminal sentence if the defendant introduces a "new factor." Published Wisconsin case law gives little guidance on what constitutes a new factor. The Wisconsin Supreme Court has declined to find a new factor present in every case it has published since defining "new factor" in 1978. Because of ambiguous and conflicting rulings, the standards for both prongs of the new factor definition remain unclear. This Comment attempts to shed light on the new factor requirement for sentence modification by examining Wisconsin trial court decisions on a limited sample of sentence …