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Series

2014

Boston College Law School

Criminal Procedure

Articles 1 - 4 of 4

Full-Text Articles in Law

Punishing Terrorists: Congress, The Sentencing Commission, The Guidelines, And The Courts, George D. Brown Apr 2014

Punishing Terrorists: Congress, The Sentencing Commission, The Guidelines, And The Courts, George D. Brown

Boston College Law School Faculty Papers

There is considerable uncertainty surrounding the law and policy of federal sentencing. This uncertainty can be traced to United States v. Booker, in which the Supreme Court struck down the existing system of mandatory Federal Sentencing Guidelines, but preserved them as “advisory.” Federal courts at all three levels have since struggled with the legal status of the Guidelines and how to apply them. The Court’s recent decision in Peugh v. United States seems to treat the Guidelines as true “law.”

This uncertainty has serious consequences for the “War on Terror.” The Article III courts are the principal forum in ...


Leaker Traitor Whistleblower Spy: National Security Leaks And The First Amendment, Mary-Rose Papandrea Mar 2014

Leaker Traitor Whistleblower Spy: National Security Leaks And The First Amendment, Mary-Rose Papandrea

Boston College Law School Faculty Papers

The article discusses traitors, national security leaks in the U.S., the First Amendment to the nation's Constitution as of March 32014, focusing on the U.S. Espionage Act and criminal penalties for constitutional treason. The alleged whistleblowers Bradley Manning and Edward Snowden are mentioned, along with prosecutions for criminal security leaks in America. Immunity is examined in relation to U.S. government employees and independent contractors. Freedom of speech rights are also assessed.


(Ad)Ministering Justice: A Prosecutor's Ethical Duty To Support Sentencing Reform, R. Michael Cassidy Jan 2014

(Ad)Ministering Justice: A Prosecutor's Ethical Duty To Support Sentencing Reform, R. Michael Cassidy

Boston College Law School Faculty Papers

This article stakes out an ethical argument in favor of prosecutorial leadership on sentencing reform. Prosecutors have a duty as “ministers of justice” to go beyond seeking appropriate conviction and punishment in individual cases, and to think about the delivery of criminal justice on a systemic level ― promoting criminal justice policies that further broader societal ends. While other authors have explored the tensions between a prosecutor’s adversarial duties and “minister of justice” role in the context of specific litigation, few have explored what it means to be an “administer” of justice in the wider political arena. The author sets ...


"Conditional Admission" And Other Mysteries: Setting The Record Straight On The "Admission" Status Of Refugees And Asylees, Laura Murray-Tjan Jan 2014

"Conditional Admission" And Other Mysteries: Setting The Record Straight On The "Admission" Status Of Refugees And Asylees, Laura Murray-Tjan

Boston College Law School Faculty Papers

Hundreds of thousands of U.S. residents live in the country lawfully and indefinitely but are not citizens. The rules governing the lives and freedom of these residents vary depending on their immigration status. This Article explores the boundaries of and rules attaching to two such important groups–resettled refugees and asylees–and explains why they must be deemed (unconditionally) admitted under the Immigration and Nationality Act. Whether a noncitizen is deemed “admitted” often determines whether he or she will be deported–banished–from the United States. It also may determine whether the noncitizen is subject to months or years ...