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Articles 91 - 101 of 101
Full-Text Articles in Law
Adult Punishment For Juvenile Offenders: Does It Reduce Crime?, Richard E. Redding
Adult Punishment For Juvenile Offenders: Does It Reduce Crime?, Richard E. Redding
Richard E. Redding
This chapter discusses the research on the general and specific deterrent effects of transferring juveniles for trial in adult criminal court, identifies gaps in our knowledge base that require further research, discusses the circumstances under which effective deterrence may be achieved, and examines whether there are effective alternatives for achieving deterrence other than adult sanctions for serious juvenile offenders. As a backdrop to this analysis, the chapter first examines the role of public opinion in shaping the get tough policies, and how policy makers have misunderstood and perceived support for these policies.
Booker On Crack: Sentencing’S Latest Gordian Knot, Steven L. Chanenson
Booker On Crack: Sentencing’S Latest Gordian Knot, Steven L. Chanenson
Steven L. Chanenson
No abstract provided.
Purposeless Restraints: Fourteenth Amendment Rationality Scrutiny And The Constitutional Review Of Prison Sentences, Michael P. O'Shea
Purposeless Restraints: Fourteenth Amendment Rationality Scrutiny And The Constitutional Review Of Prison Sentences, Michael P. O'Shea
Michael P. O'Shea
No abstract provided.
The Value Of Plea Bargaining, Scott W. Howe
The Value Of Plea Bargaining, Scott W. Howe
Scott W. Howe
This article defends plea bargaining and responds to a trend in the academic literature to evaluate bargaining according to a shadow of trial efficiency theory. The efficiency perspective on bargaining gained prominence in the early 90s when two highly respected academics, Robert Scott and William Stuntz, along with a prominent Circuit judge, Frank Easterbrook, endorsed it in articles appearing in the Yale Law Journal. Judicial efforts to justify regularized plea concessions on penological grounds were widely viewed among academics as unpersuasive, and almost all of the academic commentary on bargaining was negative. The shadow-of-trial efficiency theory offered something new. Based …
Consistency, Proportionality, And Substantive Judicial Review In Capital Sentencing, Geoff Moulton
Consistency, Proportionality, And Substantive Judicial Review In Capital Sentencing, Geoff Moulton
Geoff Moulton
No abstract provided.
"Smoke Gets In Your Mind": The Legal Framework For The Crime Of Arson, John L. Anderson
"Smoke Gets In Your Mind": The Legal Framework For The Crime Of Arson, John L. Anderson
John L Anderson
No abstract provided.
Does Apprendi V. New Jersey Change The Standard Of Proof In Criminal Forfeiture Cases?, Stefan D. Cassella
Does Apprendi V. New Jersey Change The Standard Of Proof In Criminal Forfeiture Cases?, Stefan D. Cassella
Stefan D Cassella
The article, written shortly after the Supreme Court decided Apprendi v. New Jersey, sets forth the arguments why the decision will not require the imposition of the reasonable doubt standard in criminal forfeiture cases, nor require that forfeiture matters be tried to a jury.
Beyond Penry: The Remedial Use Of The Mentally Retarded Label In Death Penalty Sentencing, Robert L. Hayman
Beyond Penry: The Remedial Use Of The Mentally Retarded Label In Death Penalty Sentencing, Robert L. Hayman
Robert L. Hayman
No abstract provided.
Going To The Penitentiary: A Study Of Disparate Sentencing In South Dakota (With Steve Wise), Frank Pommersheim
Going To The Penitentiary: A Study Of Disparate Sentencing In South Dakota (With Steve Wise), Frank Pommersheim
Frank Pommersheim
No abstract provided.
I Fought The Law And The Law Won’: A Report On Women And Disparate Sentencing In South Dakota (With Chris Hutton, And Steve Feimer), Frank Pommersheim
I Fought The Law And The Law Won’: A Report On Women And Disparate Sentencing In South Dakota (With Chris Hutton, And Steve Feimer), Frank Pommersheim
Frank Pommersheim
No abstract provided.
A Handbook On Sentencing, Brian Slattery