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Full-Text Articles in Law

Eliminating Circuit-Split Disparities In Federal Sentencing Under The Post-Booker Guidelines, Elliot Edwards Apr 2017

Eliminating Circuit-Split Disparities In Federal Sentencing Under The Post-Booker Guidelines, Elliot Edwards

Indiana Law Journal

This Note will explore the rarely discussed consequences that result when courts of appeals freely interpret the Sentencing Guidelines. This Note will not address appellate review of sentences in general, nor will it discuss disparities caused by trial courts. Instead, the discussion below will address a very specific situation, namely when a court of appeals vacates a sentence because, in its estimation, the trial court misapplied the Guidelines. Part I will relate the history of the recent sentencing re-form movement in America, noting particularly which bodies have the authority to decide sentencing policy. Part II will then analyze the interpretive …


Constructing Recidivism Risk, Jessica M. Eaglin Jan 2017

Constructing Recidivism Risk, Jessica M. Eaglin

Articles by Maurer Faculty

Courts increasingly use actuarial meaning statistically derived information about a defendant's likelihood of engaging in criminal behavior in the future at sentencing. This Article examines how developers construct the tools that predict recidivism risk. It exposes the numerous choices that developers make during tool construction with serious consequences to sentencing law and policy. These design decisions require normative judgments concerning accuracy, equality, and the purpose of punishment. Whether and how to address these concerns reflects societal values about the administration of criminal justice more broadly. Currently, developers make these choices in the absence of law, even as they face distinct …


Predictive Analytics' Punishment Mismatch, Jessica M. Eaglin Jan 2017

Predictive Analytics' Punishment Mismatch, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.