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Distinguished Jurist-In-Residence Lecture: Sentencing Reform: When Everyone Behaves Badly, Nancy Gertner
Distinguished Jurist-In-Residence Lecture: Sentencing Reform: When Everyone Behaves Badly, Nancy Gertner
Maine Law Review
Sentencing is different from almost all functions of the government and surely different from the other functions of the judiciary. It is the moment when state power meets an individual directly. It necessarily involves issues that are distinct from those in other areas of the law. It requires a court to focus on the defendant, to craft a punishment proportionate to the offense and to the offender. It should come as no surprise that in countries across the world, common law and civil code, totalitarian and free, judges have been given great discretion in sentencing. To be sure, that power …
Funding The Judicial Department At A Level The Supreme Judicial Court Deems "Essential To Its Existence And Functioning As A Court" Is Required By Doctrines Of Comity And Duties Imposed By Maine's Constitution, Orlando E. Delogu
Maine Law Review
This Article develops ideas and arguments relative to judicial funding initially advanced by this Author in two op-ed pieces previously published in the Maine Lawyers Review. Beyond elaborating and more carefully documenting (with footnote references) points previously made, this Article undertakes to lay out the judicial department’s unique status as one of three co-equal and coordinate branches of Maine’s governmental structure. It is this status that separates the judicial department from all of the other agencies of state government. The Article further argues that this status gives rise to a duty on the part of the legislative and executive departments …