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Hoist With Their Own Petard?, Steven Chanenson
Hoist With Their Own Petard?, Steven Chanenson
Steven L. Chanenson
In 2003, Congress and the Department of Justice tried to increase their control over the United States Sentencing Commission and federal sentencing generally. Congress appeared to have achieved this goal when it passed the Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003 (“PROTECT Act”), which resulted in reduced grounds for downward departures, Congressionally-revised text of the Federal Sentencing Guidelines, and a constrained Sentencing Commission potentially devoid of judges. Yet pro-government interpretations of the PROTECT Act may have been premature because the Supreme Court has now struck down parts of Washington State’s legislatively-enacted sentencing guidelines in …
Criminal Justice And Videoconferencing Technology: The Remote Defendant, Anne Poulin
Criminal Justice And Videoconferencing Technology: The Remote Defendant, Anne Poulin
Anne Poulin
This Article addresses the increasing use of videoconferencing to avoid bringing criminal defendants to court for certain proceedings. Unfortunately, courts use videoconferencing technology to bring criminal defendants to court without carefully evaluating the impact of that practice on the quality of justice. This Article evaluates the implications of using technology to have defendants appear through videoconferencing and argues against the practice. It brings to bear the literature from other fields, particularly communications and social psychology. That body of literature suggests that videoconferencing may have a negative impact on the way the defendant is perceived by those in court as well …
In Pennsylvania, The Sentencing Remains The Same, Steven Chanenson, Frank Dermody
In Pennsylvania, The Sentencing Remains The Same, Steven Chanenson, Frank Dermody
Steven L. Chanenson
No abstract provided.