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Full-Text Articles in Law Enforcement and Corrections
Against Proportional Punishment, Adam J. Kolber
Against Proportional Punishment, Adam J. Kolber
Vanderbilt Law Review
Many criminal defendants are held in detention while they await trial. Though conditions in pretrial detention are much like those in prison, detention is technically not punishment. Since detainees are merely accused of crimes, they are presumed innocent.' Their detention is not intended to punish them, and so, the Supreme Court has said, it is not punishment at all. Rather, detention is a means of promoting public safety, reducing witness intimidation, and preventing people accused of crimes from fleeing before trial. Nevertheless, defendants who are convicted generally receive credit at sentencing for time served in pretrial detention. An offender who …
Not-So-Sweet Sixteen: When Minor Convictions Have Major Consequences Under Career Offender Guidelines, Andrew Tunnard
Not-So-Sweet Sixteen: When Minor Convictions Have Major Consequences Under Career Offender Guidelines, Andrew Tunnard
Vanderbilt Law Review
This Note looks beyond the circuit split to the larger juvenile justice issues implicated by these sentencing practices. Part II provides a brief overview of the juvenile justice system, juvenile transfer statutes, and the Guidelines. Part III explores the interpretive issues that have led to this circuit split. Part IV explains why resolving this circuit split requires more than choosing one side, and expands the discussion by analyzing the impact of recent judicial and scientific trends on the treatment of juvenile offenders in the adult system. Part V proposes that convictions occurring before the age of eighteen should not be …