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Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts
Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts
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No abstract provided.
The Chancellor's Boot, Stephen B. Burbank
The Chancellor's Boot, Stephen B. Burbank
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No abstract provided.
Legality And Discretion In The Distribution Of Criminal Sanctions, Paul H. Robinson
Legality And Discretion In The Distribution Of Criminal Sanctions, Paul H. Robinson
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The judicial system now responds to criminal conduct in two rather divergent steps. A judge or jury first determines if a defendant should be held liable for a criminal offense. If so, then the judge or jury goes on to choose a penalty. Precise rules, designed to ensure fairness and predictability, govern the first stage, liability assignment. In the second stage, sentencing, however, judges and juries exercise broad discretion in meting out sanctions. In this Article, Professor Robinson argues that both liability assignment and sentencing are part of a single process of punishing criminal behavior and should be made more …