Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Judges (2)
- 4th Amendment (1)
- Criminal Justice System (1)
- Criminal justice system (1)
- Criminal sentencing (1)
-
- Federal sentencing (1)
- Judicial discretion (1)
- Law (1)
- Legal Ethics (1)
- Mass incarceration (1)
- Prosecutorial Misconduct (1)
- Prosecutors (1)
- Sentencing commission (1)
- Sentencing guidelines (1)
- Sentencing guidelines (Criminal procedure) (1)
- Stop and frisk (1)
- Supreme Court (1)
- Training of Criminal Justice Personnel (1)
- Trial Courts (1)
Articles 1 - 5 of 5
Full-Text Articles in Judges
Can Judges Help Ease Mass Incarceration?, Jeffrey Bellin
Can Judges Help Ease Mass Incarceration?, Jeffrey Bellin
Faculty Publications
A scholar considers how judges have contributed to historically high incarceration rates -- and how they can help reverse the trend.
The Myth Of The All-Powerful Federal Prosecutor At Sentencing, Adam M. Gershowitz
The Myth Of The All-Powerful Federal Prosecutor At Sentencing, Adam M. Gershowitz
Faculty Publications
Relying on a dataset I assembled of 130 doctors prosecuted for illegal opioid distribution between 2015 and 2019, this Article shows that judges rejected federal prosecutors’ sentencing recommendations over two-thirds of the time. Put differently, prosecutors lost much more often than they prevailed at sentencing. And judges often rejected the prosecutors’ sentencing positions by dramatic margins. In 23% of cases, judges imposed a sentence that was half or even less than half of what prosecutors recommended. In 45% of cases, judges imposed a sentence that was at least one-third lower than what prosecutors requested. In short, prosecutors lost most of …
The Race To The Top To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
The Race To The Top To Reduce Prosecutorial Misconduct, Adam M. Gershowitz
Faculty Publications
This Essay offers an unconventional approach to deterring prosecutorial misconduct. Trial judges should use their inherent authority to forbid prosecutors from appearing and handling cases in their courtrooms until the prosecutors have completed training on Brady v. Maryland, Batson v. Kentucky, and other types of prosecutorial misconduct. If a single trial judge in a medium-sized or large jurisdiction imposes training prerequisites on prosecutors, it could set off a race to the top that encourages other judges to adopt similar (or perhaps even more rigorous) training requirements. A mandate that prosecutors receive ethics training before handling any cases is …
Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett
Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett
Faculty Publications
In our system of constitutional decision-making, the Supreme Court makes law as an institution in its formal written opinions. The Court and its individual members make their official legal marks in the printed pages of the United States Reports. In June 1968, in Terry v. Ohio and Sibron v. New York, the two decisions that approved the constitutionality under the Fourth Amendment of police stop and frisk practices, the Court filled many official pages with rich discussion. Over the ensuing thirty years, these Court and individual opinions have shaped the course of constitutional analysis in our courts and guided the …
Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii
Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii
Faculty Publications
In the remarks that follow, I do four things. First, for those unfamiliar with the Federal Sentencing Guidelines, I begin by explaining briefly how the Guidelines work. Second, I endeavor to show why Judge Cabranes is wrong, absolutely wrong in declaring the Guidelines a failure, and mostly wrong in the specific criticisms he and others level against the Guidelines. Third, after jousting with Judge Cabranes a bit, I discuss some problems with the current federal sentencing system, most notably the sheer length of narcotics sentences. Finally, I comment briefly on some of the implications of the Guidelines, and the principles …