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Full-Text Articles in Criminal Procedure
Protecting The Homeless Under Vulnerable Victim Sentencing Guidelines: An Alternative To Inclusion In Hate Crime Laws, Katherine B. O'Keefe
Protecting The Homeless Under Vulnerable Victim Sentencing Guidelines: An Alternative To Inclusion In Hate Crime Laws, Katherine B. O'Keefe
William & Mary Law Review
No abstract provided.
Appellate Review Of Sentences: Reconsidering Difference, Michael M. O'Hear
Appellate Review Of Sentences: Reconsidering Difference, Michael M. O'Hear
William & Mary Law Review
American appellate courts have long resisted calls that they play a more robust role in the sentencing process, insisting that they must defer to what they characterize as the superior sentencing competence of trial judges. This position is unfortunate insofar as rigorous appellate review might advance uniformity and other rule-of-law values that are threatened by broad trial court discretion. This Article thus provides the first systematic critique of the appellate courts’ standard justifications for deferring to trial court sentencing decisions. For instance, these justifications are shown to be based on premises that are inconsistent with empirical research on cognition and …