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Articles 1 - 13 of 13
Full-Text Articles in Law
Sentencing Guidelines Conference: Opening Remarks, Roger L. Goldman
Sentencing Guidelines Conference: Opening Remarks, Roger L. Goldman
Saint Louis University Law Journal
No abstract provided.
The U.S. Sentencing Guidelines: Where Do We Go From Here?, José A. Cabranes
The U.S. Sentencing Guidelines: Where Do We Go From Here?, José A. Cabranes
Saint Louis University Law Journal
No abstract provided.
The Reality Of Guidelines Sentencing, The Honorable Gerald W. Heaney
The Reality Of Guidelines Sentencing, The Honorable Gerald W. Heaney
Saint Louis University Law Journal
No abstract provided.
The Impact Of Drugs Upon Sentencing Policy, Gerald F. Uelmen
The Impact Of Drugs Upon Sentencing Policy, Gerald F. Uelmen
Saint Louis University Law Journal
No abstract provided.
Simplifying The U.S. Sentencing Commission’S Offense Scale, Peter B. Hoffman
Simplifying The U.S. Sentencing Commission’S Offense Scale, Peter B. Hoffman
Saint Louis University Law Journal
No abstract provided.
Fear Of Law: Thoughts On Fear Of Judging And The State Of The Federal Sentencing Guidelines (Sentencing Symposium), Frank O. Bowman Iii
Fear Of Law: Thoughts On Fear Of Judging And The State Of The Federal Sentencing Guidelines (Sentencing Symposium), Frank O. Bowman Iii
Faculty Publications
To understand Fear of Judging and the debate over the Federal Sentencing Guidelines requires some familiarity with the sentencing reform movement that led to the adoption of the Federal Sentencing Guidelines in 1987, as well as at least a rudimentary grasp of the structure of the Guidelines themselves. For those readers who require an introduction to both subjects, the next section of this Article attempts to provide one. Those already familiar with the Guidelines and their history can skip to Section III, where the discussion of Fear of Judging begins in earnest.
Criminal Procedure Sentence And Punishment: Enhance Sentences For Crimes In Which The Trier Of Fact Determines By A Reasonable Doubt That The Defendant Intentionally Selected Any Victim Or Property As The Object Of The Offense Because Of Bias Or Prejudice; Provide Procedures Under Which Enhanced Sentences May Be Sought, Patricia Ammani
Georgia State University Law Review
The Act provides enhanced sentences in cases in which the trier of fact determines that the defendant intentionally selected a victim or property as the object of an offense because of bias or prejudice. The Act requires the state to provide the defendant written notice of its intention to seek enhanced penalties, alleging the specific factors that justify an enhanced sentence. Such notice must be provided after indictment, but not later than arraignment.
No Women At The Center: The Use Of The Canadian Sentencing Circle In Domestic Violence Cases, Rashmi Goel
No Women At The Center: The Use Of The Canadian Sentencing Circle In Domestic Violence Cases, Rashmi Goel
Sturm College of Law: Faculty Scholarship
For Canadian Aboriginal women, domestic violence is pervasive. A report by the Ontario Native Women’s Association indicates that eighty percent of Aboriginal women surveyed had personally experienced family violence. In this context, Rashmi Goel looks at the use of sentencing circles to respond to wrongdoing by Aboriginal people. Current Aboriginal justice initiatives emphasize a return to traditional values and processes, manifested in one way in the sentencing circle. Yet, states Goel, such initiatives fail to restore Aboriginal women to their honored place. Contemporary Canadian sentencing circles exemplify this problem; they further injure victims in several respects. Hence, Goel argues that …
A Call For Comment: Restyling And Amending The Federal Rules Of Criminal Procedure, David A. Schlueter
A Call For Comment: Restyling And Amending The Federal Rules Of Criminal Procedure, David A. Schlueter
Faculty Articles
In August 2000, the Judicial Conference’s Committee on Rules of Practice and Procedure published—for public comment—proposed amendments to the entire set of Federal Rules of Criminal Procedure. The proposals mark the culmination of a two-year project to “restyle” the rules—to modernize and reorganize and to make them internally consistent in format and style. Not since the rules were first promulgated in 1946 has there been such a significant change in the structure, format, and substance. This article first addresses the rule-making process for the Federal Rules of Criminal Procedure, and then examines the restyling process. Finally, it notes several of …
The Victim's Rights Amendment: A Prosecutor's, And Surprisingly, A Defense Attorney's Support In Sentencing, Steven I. Platt, Jeannie Pittillo Kauffman
The Victim's Rights Amendment: A Prosecutor's, And Surprisingly, A Defense Attorney's Support In Sentencing, Steven I. Platt, Jeannie Pittillo Kauffman
Maryland Law Review
No abstract provided.
Recognizing Opportunistic Bias Crimes, Lu-In Wang
Recognizing Opportunistic Bias Crimes, Lu-In Wang
Articles
The federal approach to punishing bias-motivated crimes is more limited than the state approach. Though the federal and state methods overlap in some respects, two features of the federal approach restrict its range of application. First, federal law prohibits a narrower range of conduct than do most state bias crimes laws. In order to be punishable under federal law, bias-motivated conduct must either constitute a federal crime or interfere with a federally protected right or activity-requirements that exclude racially motivated assault, property damage and many other common violent or destructive bias offenses. In most states, however, hate crimes encompass a …
Cracking The Code: "De-Coding" Colorblind Slurs During The Congressional Crack Cocaine Debates, Richard Dvorak
Cracking The Code: "De-Coding" Colorblind Slurs During The Congressional Crack Cocaine Debates, Richard Dvorak
Michigan Journal of Race and Law
This article proposes "de-coding" as a method for unveiling the racist purpose behind the enactment of race-neutral legislation. Through the use of "code words," defined as “phrases and symbols which refer indirectly to racial themes, but do not directly challenge popular democratic or egalitarian ideals,” legislators can appeal to racist sentiments without appearing racist. More importantly, they can do so without leaving evidence that can be traced back as an intent to discriminate. This article proposes to use "de-coding" as a method to unmask the racist purpose behind the enactment of the 100:1 crack versus powder cocaine ratio for mandatory …
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.