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Articles 1 - 4 of 4
Full-Text Articles in Criminal Law
Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard
Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard
Marquette Law Review
The Sex Offender Registration and Notification Act (SORNA) is in place to protect the public, children especially, from sex offenders. Under SORNA, anyone and everyone convicted of what the law defines as a “sex offense” is required to register as a “sex offender,” providing accurate and up-to-date information on where they live, work, and go to school. Failure to do so constitutes a federal crime punishable by up to ten years imprisonment. But how do federal courts determine whether a particular state-level criminal offense constitutes a “sex offense” under SORNA? Oftentimes when doing comparisons between state and federal law for …
Humility In Criminal Justice: What It Might Invite Us To Reconsider, Dean A. Strang
Humility In Criminal Justice: What It Might Invite Us To Reconsider, Dean A. Strang
Marquette Law Review
Imagine how our system of criminal justice might look different if one value ascended in the system's hierarchy of values: humility. Day to day, in my work, I do not see much humility among police officers, defense lawyers, prosecutors, probation agents, and judges. This is noteworthy, given how unavoidability uncertain--or at least contestable or close--many of the outcomes in our trial and appellate courts are to an objective eye. Even when the basic facts on guilt are fairly certain, the right sentence often is not. I propose that humility is an essential value that, properly understood, is tied to liberty; …
A Prosecutor's Guide To Character Evidence: When Is Uncharged Possession Evidence Probative Of A Defendant's Intent To Distribute?, James Decleene
A Prosecutor's Guide To Character Evidence: When Is Uncharged Possession Evidence Probative Of A Defendant's Intent To Distribute?, James Decleene
Marquette Law Review
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Good Conduct Time For Prisoners: Why (And How) Wisconsin Should Provide Credits Toward Early Release, Michael O'Hear
Good Conduct Time For Prisoners: Why (And How) Wisconsin Should Provide Credits Toward Early Release, Michael O'Hear
Marquette Law Review
Wisconsin is one of about twenty states not offering good conduct time (GCT) to prisoners. In most states, prisoners are able to earn GCT credits toward accelerated release through good behavior. Wisconsin itself had GCT for more than a century, but eliminated it as part of a set of reforms in the 1980s and 1990s that left the state with what may be the nation’s most inflexible system for the release of prisoners. Although some of these reforms helpfully brought greater certainty to punishment, they went too far in eliminating nearly all meaningful recognition and encouragement of good behavior and …