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Full-Text Articles in Law

The Meaning Of "Meaningful Appellate Review" In Capital Cases: Lessons From California, Steven Shatz Dec 2015

The Meaning Of "Meaningful Appellate Review" In Capital Cases: Lessons From California, Steven Shatz

Steven F. Shatz

In Furman v. Georgia, the Supreme Court's seminal death penalty case, the Court held that the death penalty, as then administered, violated the Eighth Amendment because the penalty decision was so unguided and the imposition of the death penalty was so infrequent as to create an unconstitutional risk of arbitrariness. The Court's remedy, developed in subsequent decisions, was to require the state legislatures to "genuinely narrow the class of persons eligible for the death penalty" and the state courts to provide "meaningful appellate review" of death sentences. In recent years, a number of scholars have addressed the genuine narrowing requirement …


New Data And New Questions: Trac's Contribution To Federal Sentencing, Steven Chanenson, Douglas Berman Sep 2012

New Data And New Questions: Trac's Contribution To Federal Sentencing, Steven Chanenson, Douglas Berman

Steven L. Chanenson

No abstract provided.


Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian Dervan Dec 2011

Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian Dervan

Lucian E Dervan

If any number of attorneys were asked in 2004 whether Lea Fastow’s plea bargain in the Enron case was constitutional, the majority would respond with a simple word – Brady. Yet while the 1970 Supreme Court decision Brady v. United States authorized plea bargaining as a form of American justice, the case also contained a vital caveat that has been largely overlooked by scholars, practitioners, and courts for almost forty years. Brady contains a safety-valve that caps the amount of pressure that may be asserted against defendants by prohibiting prosecutors from offering incentives in return for guilty pleas that are …


Follow The Evidence: Integrate Risk Assessment Into Sentencing, Steven Chanenson, Jordan Hyatt, Maerk Bergstrom Mar 2011

Follow The Evidence: Integrate Risk Assessment Into Sentencing, Steven Chanenson, Jordan Hyatt, Maerk Bergstrom

Steven L. Chanenson

No abstract provided.


The Adventure Continues, Steven Chanenson May 2010

The Adventure Continues, Steven Chanenson

Steven L. Chanenson

No abstract provided.


Sentencing Beyond Our Borders, Steven Chanenson Mar 2010

Sentencing Beyond Our Borders, Steven Chanenson

Steven L. Chanenson

No abstract provided.


Shaping Modern Sentencing: Three Giants, Steven Chanenson, Mark Miller Mar 2009

Shaping Modern Sentencing: Three Giants, Steven Chanenson, Mark Miller

Steven L. Chanenson

No abstract provided.


The Next Era Of Sentencing Reform ... Revisited, Steven Chanenson, Mark Bergstrom, Frank Dermody, Jordan Hyatt Jan 2009

The Next Era Of Sentencing Reform ... Revisited, Steven Chanenson, Mark Bergstrom, Frank Dermody, Jordan Hyatt

Steven L. Chanenson

No abstract provided.


Statement Of Steven L. Chanenson Before The United States Sentencing Commission Regarding Retroactivity Of Crack Guidelines Amendments, Steven Chanenson Oct 2007

Statement Of Steven L. Chanenson Before The United States Sentencing Commission Regarding Retroactivity Of Crack Guidelines Amendments, Steven Chanenson

Steven L. Chanenson

No abstract provided.


Federal Cocaine Sentencing In Transition, Steven Chanenson, Douglas Berman May 2007

Federal Cocaine Sentencing In Transition, Steven Chanenson, Douglas Berman

Steven L. Chanenson

No abstract provided.


Can And Will Information Spur Post-Modern Setencing Reforms?, Steven Chanenson, Douglas Berman Mar 2007

Can And Will Information Spur Post-Modern Setencing Reforms?, Steven Chanenson, Douglas Berman

Steven L. Chanenson

No abstract provided.


Perjury Or Subornation Of Perjury; Bribery Of Witness: Model Sentencing Guidelines § 2j1, Steven Chanenson May 2006

Perjury Or Subornation Of Perjury; Bribery Of Witness: Model Sentencing Guidelines § 2j1, Steven Chanenson

Steven L. Chanenson

No abstract provided.


Obstruction Of Justice: Model Sentencing Guidelines §2j2, Steven Chanenson May 2006

Obstruction Of Justice: Model Sentencing Guidelines §2j2, Steven Chanenson

Steven L. Chanenson

No abstract provided.


Sentencing And Data: The Not-So-Odd-Couple, Steven Chanenson Sep 2003

Sentencing And Data: The Not-So-Odd-Couple, Steven Chanenson

Steven L. Chanenson

No abstract provided.