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Full-Text Articles in Law

Five Questions For The Next Thirty Years Of Federal Sentencing, Steven L. Chanenson Aug 2017

Five Questions For The Next Thirty Years Of Federal Sentencing, Steven L. Chanenson

Steven L. Chanenson

No abstract provided.


The Use Of Risk Assessment At Sentencing: Implications For Research And Policy, Steven L. Chanenson, Jordan M. Hyatt Dec 2015

The Use Of Risk Assessment At Sentencing: Implications For Research And Policy, Steven L. Chanenson, Jordan M. Hyatt

Steven L. Chanenson

No abstract provided.


At Issue: Should Mandatory Sentences Be Abolished?, Steven L. Chanenson, Douglas A. Berman Jan 2014

At Issue: Should Mandatory Sentences Be Abolished?, Steven L. Chanenson, Douglas A. Berman

Steven L. Chanenson

No sentencing structure can always guarantee the indisputably "right" result. But we should strive for greater fairness and effectiveness through nuanced sentencing guidelines and appellate review. Mandatory minimums within such a system are a tool of prosecutorial power masquerading as an instrument of justice.


Prosecutors And Evidence-Based Sentencing: Rewards, Risks, And Responsibilities, Steven Chanenson Dec 2008

Prosecutors And Evidence-Based Sentencing: Rewards, Risks, And Responsibilities, Steven Chanenson

Steven L. Chanenson

No abstract provided.


Revolution Or Evolution: Recent Developments In American Federal Criminal Sentencing, Steven L. Chanenson Dec 2008

Revolution Or Evolution: Recent Developments In American Federal Criminal Sentencing, Steven L. Chanenson

Steven L. Chanenson

No abstract provided.


The Real (Sentencing) World: State Sentencing In The Post-Blakely Era, Douglas A. Berman, Steven L. Chanenson Oct 2006

The Real (Sentencing) World: State Sentencing In The Post-Blakely Era, Douglas A. Berman, Steven L. Chanenson

Steven L. Chanenson

Soon after the Supreme Court in Blakely v. Washington declared certain judicial fact-finding within a state sentencing guideline system unconstitutional, Justice O’Connor described the Court’s decision as a “Number 10 earthquake.” But two years after the Blakely ruling, the case’s broader impact and meaning for state criminal justice systems around the country has been largely overshadowed by developments in the federal sentencing system. Nevertheless, this is an exciting time for state sentencing. By granting review in yet another state sentencing case, California v. Cunningham, this past spring, the Supreme Court brings state issues to the national stage once more.
State …


Booker On Crack: Sentencing’S Latest Gordian Knot, Steven L. Chanenson Dec 2005

Booker On Crack: Sentencing’S Latest Gordian Knot, Steven L. Chanenson

Steven L. Chanenson

No abstract provided.


The Next Era Of Sentencing Reform, Steven L. Chanenson Sep 2004

The Next Era Of Sentencing Reform, Steven L. Chanenson

Steven L. Chanenson

This article charts a path for criminal sentencing in the wake of the Supreme Court’s recent bombshell decision in Blakely v. Washington. Blakely has thrust sentencing systems across the country into turmoil. But Justice O’Connor was fundamentally wrong when, in her Blakely dissent, she exclaimed that “Over 20 years of sentencing reform are all but lost.” All is most assuredly not lost. Blakely, properly viewed, is an opportunity – albeit a disruptive one – to re-think and improve our sentencing systems.
The Blakely court interpreted the Sixth Amendment to require that any fact, other than the fact of prior conviction, …