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Articles 1 - 14 of 14
Full-Text Articles in Law
The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen
The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen
Pepperdine Law Review
No abstract provided.
Criminal Law And Procedure, Aaron J. Campbell, Kathleen B. Martin
Criminal Law And Procedure, Aaron J. Campbell, Kathleen B. Martin
University of Richmond Law Review
This article aims to give the criminal law practitioner a succinct review of significant cases regarding criminal law and procedure decided by the Supreme Court of Virginia and the Court ofAppeals of Virginia during the past year. The authors have focused their discussion of the cases on cogent points found in the holdings. The article also briefly summarizes recent legislative enactments pertaining to criminal law.
Fast-Track Sentencing: A Potential Solution To The Divisive Discretion, Elizabeth Weber
Fast-Track Sentencing: A Potential Solution To The Divisive Discretion, Elizabeth Weber
Missouri Law Review
This Summary examines the current federal sentencing regime, the establishment of fast-track programs, and the resulting circuit split regarding whether a judge can grant a defendant a more lenient sentence based on the lack of availability of a fast-track option in that jurisdiction. Further, it discusses more recent developments regarding the circuit split and how the new DOJ policy purports to resolve the issue. Finally, this Summary argues that while this change does solve the sentencing disparity problem, it conflicts with the congressional policy underlying the official sanction of fast-track programs.
What Goes Around Comes Around-Nichols V. United States: Validating The Collateral Use Of Uncounseled Misdemeanor Convictions For The Purpose Of Sentence Enhancement, Andrea E. Joseph
Pepperdine Law Review
No abstract provided.
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Pepperdine Law Review
No abstract provided.
What One Hand Giveth, The Other Taketh Away: How Future Dangerousness Corrupts Guilt Verdicts And Produces Premature Punishment Decisions In Capital Cases, Elizabeth S. Vartkessian
What One Hand Giveth, The Other Taketh Away: How Future Dangerousness Corrupts Guilt Verdicts And Produces Premature Punishment Decisions In Capital Cases, Elizabeth S. Vartkessian
Pace Law Review
No abstract provided.
The Debate On Whether Life Sentences Should Be Considered: Will Missouri's Proportionality Review Remain Meaningful, Alexandra E. Wilson-Schoone
The Debate On Whether Life Sentences Should Be Considered: Will Missouri's Proportionality Review Remain Meaningful, Alexandra E. Wilson-Schoone
Missouri Law Review
This Law Summary will address the Supreme Court of Missouri's proportionality review jurisprudence, the rationales of two opinions in Deck," and the relationship of the Deck opinions to precedent and public policy. Additionally, this Summary will address the court's subsequent application of and debate about proportionality review as well as the legislative response. Finally, this Summary will conclude that for proportionality review to serve a meaningful function, the court must consider all affirmed, factually similar capital cases that resulted in either life imprisonment or a death sentence because only considering factually similar cases which resulted in the death penalty essentially …
Apprendi V. New Jersey, The Scaling Back Of The Sentencing Factor Revolution And The Resurrection Of Criminal Defendant Rights, How Far Is Too Far?, Analisa Swan
Pepperdine Law Review
No abstract provided.
Cost As A Sentencing Factor: A Response, Jeff Milyo
Cost As A Sentencing Factor: A Response, Jeff Milyo
Missouri Law Review
Professor Chad Flanders offers a normative theoretical critique of including costs of punishment in Sentence Advisory Reports (SARs) that the Missouri Sentencing Advisory Commission (MOSAC) produces. This approach provides a useful lens for understanding divergent opinions on the practice of including cost information in SARs and provides a consistent logical framework for understanding whether this practice squares with more fundamental principles of criminal punishment. In this Response, I complement the normative analysis in the main Article with several observations from a different analytical perspective. As an empirical social scientist, my analytical approach is based on positive analysis. I am less …
Cost As A Sentencing Factor: Missouri's Experiment, Chad Flanders
Cost As A Sentencing Factor: Missouri's Experiment, Chad Flanders
Missouri Law Review
This argument is avowedly theoretical and normative. That is, this Article tries to determine what judges ought to do, not what they in fact do. Judges and attorneys may argue cost at sentencing hearings, and many of them do. That does not mean that they should be debating cost or basing sentencing decisions on it. I also am not concerned about whether, pragmatically, letting judges figure cost into their decisions might be a good thing overall, because it might lead to lower sentences. I put these concerns to one side, important as they may be as a practical matter. Instead, …
Criminal Sanctions In The Defense Of The Innocent, Ehud Guttel, Doron Teichman
Criminal Sanctions In The Defense Of The Innocent, Ehud Guttel, Doron Teichman
Michigan Law Review
Under the formal rules of criminal procedure, fact finders are required to apply a uniform standard of proof in all criminal cases. Experimental studies as well as real world examples indicate, however, that fact finders often adjust the evidentiary threshold for conviction in accordance with the severity of the applicable sanction. All things being equal, the higher the sanction, the higher the standard of proof that fact finders will apply in order to convict. Building on this insight, this Article introduces a new paradigm for criminal punishments-a paradigm that focuses on designing penalties that will reduce the risk of unsubstantiated …
Every High Has A Low: A Pragmatic Approach To The War On Drugs, Mark Garibyan
Every High Has A Low: A Pragmatic Approach To The War On Drugs, Mark Garibyan
University of Michigan Journal of Law Reform Caveat
One of the lasting vestiges of Richard Nixon’s presidency is the infamous “War on Drugs,” a forty-year-old effort aimed at curtailing “illicit drug consumption and transactions in America.” Although the goal behind the policy—a reduction in the rate of substance abuse—may be altruistic, the War on Drugs has dismally failed to achieve its goals and has exacerbated existing problems. Specifically, laws dealing with crack cocaine result in a “heavily disproportionate impact on black defendants;” in 2008 “blacks comprised 79.8 percent of those convicted for crack cocaine-related offenses,” whereas “whites comprised only 10.4 percent.” More generally, these laws illustrate a fundamental …
Pain, Love, And Voice: The Role Of Domestic Violence Victims In Sentencing, Hadar Dancig-Rosenberg, Dana Pugach
Pain, Love, And Voice: The Role Of Domestic Violence Victims In Sentencing, Hadar Dancig-Rosenberg, Dana Pugach
Michigan Journal of Gender & Law
Criminal law systems throughout the world have evolved to a stage where they no longer ask, "What is the appropriate role of the victim in a criminal trial?" The questions now relate to the scope of the victim's rights, in which procedures she has independent standing, and at what stage she should be heard. The process of the "prosecution stepping into the victim's shoes," whereby the state controls the entire criminal process, seemingly on behalf of the victim, has been replaced by the recognition that the interests of the prosecution (the State) are not always consistent with those of the …
An Eighth Amendment Analysis Of Juvenile Life Without Parole: Extending Graham To All Juvenile Offenders, Robert Johnson, Chris Miller
An Eighth Amendment Analysis Of Juvenile Life Without Parole: Extending Graham To All Juvenile Offenders, Robert Johnson, Chris Miller
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.