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Full-Text Articles in Law
Civil, Criminal, Or Mary Jane: Stigma, Legislative Labels, And The Civil Case At The Heart Of Criminal Procedure, W. Ball
W. David Ball
In criminal cases, any fact which increases the maximum punishment must be found by a jury beyond a reasonable doubt. This rule, which comes from Apprendi v. New Jersey, looks to what facts do, not what they are called; in Justice Scalia’s memorable turn of phrase, it applies whether the legislature has labeled operant facts “elements, enhancements, or Mary Jane.” Civil statutes, however, can deprive an individual of her liberty on identical facts without needing to meet the beyond a reasonable doubt standard of proof. If Apprendi is, indeed, functional, why is it limited to formally criminal cases? Why does …
The Adventure Continues, Steven Chanenson
Sentencing Beyond Our Borders, Steven Chanenson
Sentencing Beyond Our Borders, Steven Chanenson
Steven L. Chanenson
No abstract provided.
Empowering The Sentencing Commission: A Different Resolution To The Cocaine Sentencing Drama, Kip D. Nelson
Empowering The Sentencing Commission: A Different Resolution To The Cocaine Sentencing Drama, Kip D. Nelson
Kip D Nelson
No abstract provided.
Sentencing Paris, Jodie O'Leary
Sentencing Paris, Jodie O'Leary
Jodie O'Leary
Extract: For a number of years now punishing Paris Hilton may have been on the mind of many a person for different reasons. She is guilty of crimes against fashion some would say. Cries of cruelty to animals could also be heard for, among other things, dressing her Chihuahua Tinkerbell in pink Chanel. Parents scorned her as a bad role model for their children.
Death, Ineligibility And Habeas Corpus, Lee B. Kovarsky
Death, Ineligibility And Habeas Corpus, Lee B. Kovarsky
Lee Kovarsky
I examine the interaction between what I call 'death ineligibility' challenges and the habeas writ. A death ineligibility claim alleges that a criminally-confined capital prisoner belongs to a category of offenders for which the Eighth Amendment forbids execution. By contrast, a 'crime innocence' claim alleges that, colloquially speaking, a capital prisoner 'wasn’t there, and didn’t do it.' In the last eight years, the Supreme Court has identified several new ineligibility categories, including mentally retarded offenders. Configured primarily to address crime innocence and procedural challenges, however, modern habeas law is poorly equipped to accommodate ineligibility claims. Death Ineligibility traces the genesis …
Criminal Forfeiture Procedure In 2010: An Annual Survey Of Developments In The Case Law, Stefan D. Cassella
Criminal Forfeiture Procedure In 2010: An Annual Survey Of Developments In The Case Law, Stefan D. Cassella
Stefan D Cassella
This article is the latest in a series of annual surveys of developments in the case law regarding federal criminal forfeiture procedure. It covers cases decided in 2009 and changes to Rule 32.2 of the Federal Rules of Criminal Procedure that took effect in 2009.
Determination Of Starting Sentences In Israel—System And Application, Oren Gazal-Ayal, Ruth Kannai
Determination Of Starting Sentences In Israel—System And Application, Oren Gazal-Ayal, Ruth Kannai
Oren Gazal-Ayal
The Israeli Penal Law Bill (Amendment No. 92, Structuring Judicial Discretion in Sentencing) 5766-2006 proposes that a committee be set up to establish sentences that will serve as starting points for judges in their sentencing deliberation (starting sentences). The Israeli Minister of Justice asked the authors to propose starting sentences for three prevalent serious offences in order to show the Knesset (the Israeli parliament) the methodology of determining such starting sentences and to help facilitate the debate about the consequences of these new guidelines. The ministers intended the Knesset to legislate these proposed starting sentences in the appendix to the …