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Articles 1 - 6 of 6
Full-Text Articles in Criminal Procedure
Extra-Legal Characteristics And Sentencing Disparity Among Federal Drug Offenders, Justin D. Galasso
Extra-Legal Characteristics And Sentencing Disparity Among Federal Drug Offenders, Justin D. Galasso
Sociology & Criminal Justice Theses & Dissertations
The development of the federal sentencing guidelines was made as an attempt to provide a uniform standard of sentencing procedure for defendants convicted within the federal legal system. Unfortunately, such unvarying policy has over the years birthed a system of sentencing that lacks equality among like defendants. The Supreme Court, in 2005, ruled that the sentencing guidelines were no longer to be compulsory during sentencing procedures, but rather act as an ancillary tool. The present study examines multiple legal and extra-legal variables and their influence on two aspects of imprisonment probability for federal drug offenders for the years of 1999-2006: …
Take The Bus? Or Get Busted?: The Relationship Of “Driving While Suspended” (Dws) To The Availability Of Public Bus Transportation, Phil Amerine, Angela Crews
Take The Bus? Or Get Busted?: The Relationship Of “Driving While Suspended” (Dws) To The Availability Of Public Bus Transportation, Phil Amerine, Angela Crews
Criminal Justice Faculty Research
This presentation discusses the results of a project that examined the relationship between arrest for "driving while suspended" (DWS) and driver access to bus transportation. Seventy cases were randomly selected from all 2004 cases of license suspensions among adult drivers in Lawrence, Kansas. Drivers subsequently arrested for DWS during 2005/2006 were compared to drivers who were not in terms of access to bus transportation (distance from residence to bus stop; whether bus was operating). Other measured variables included driver sex, race, and age. Policy implications related to the prevention of DWS are discussed.
Table Of Contents, Volume 6, Number 3, 2008, The Death Penalty, Editorial Board
Table Of Contents, Volume 6, Number 3, 2008, The Death Penalty, Editorial Board
The University of New Hampshire Law Review
Table of contents for a special issue on the topic of capital punishment.
The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan R. Klein
The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan R. Klein
All Faculty Scholarship
This symposium essay explores the impact of Rita, Gall, and Kimbrough on state and federal sentencing and plea bargaining systems. The Court continues to try to explain how the Sixth Amendment jury trial right limits legislative and judicial control of criminal sentencing. Equally important, the opposing sides in this debate have begun to form a stable consensus. These decisions inject more uncertainty in the process and free trial judges to counterbalance prosecutors. Thus, we predict, these decisions will move the balance of plea bargaining power back toward criminal defendants.
Constructing A Criminal Justice System Free Of Racial Bias: An Abolitionist Framework, Dorothy E. Roberts
Constructing A Criminal Justice System Free Of Racial Bias: An Abolitionist Framework, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Contrived Defenses And Deterrent Threats: Two Facets Of One Problem, Claire Oakes Finkelstein, Leo Katz
Contrived Defenses And Deterrent Threats: Two Facets Of One Problem, Claire Oakes Finkelstein, Leo Katz
All Faculty Scholarship
What relation do the various parts of a plan bear to the overall aim of the plan? In this essay we consider this question in the context of two very different problems in the criminal law. The first, known in the German criminal law literature as the Actio Libera in Causa, involves defendants who contrive to commit crimes under conditions that would normally afford them a justification or excuse. The question is whether such defendants should be allowed to claim the defense when the defense is itself either contrived or anticipated in advance. The second is what we call the …