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Social and Behavioral Sciences Commons™
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- Criminal Law and Procedure (2)
- Criminal Sentencing (2)
- Law and Society (2)
- Apprendi (1)
- Blakely (1)
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- Booker (1)
- Civil Law (1)
- Civil Procedure (1)
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- Criminal sentences (1)
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- Federal Sentencing Guidelines (1)
- Legal Ethics (1)
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Articles 1 - 6 of 6
Full-Text Articles in Social and Behavioral Sciences
White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas
White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas
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This symposium essay speculates about how Booker's loosening of the Federal Sentencing Guidelines is likely to affect white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will keep white-collar sentencing from growing as harsh as drug sentencing, but the parallels are nonetheless ominous. The essay suggests that the Sentencing Commission revise its loss-computation rules, calibrate white-collar sentences to their core purpose of expressing condemnation, and adding shaming punishments and apologies to give moderate prison sentences more bite.
Law, Ethics And Mystery, Geoffrey C. Hazard Jr.
Law, Ethics And Mystery, Geoffrey C. Hazard Jr.
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No abstract provided.
Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer
Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer
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No abstract provided.
Responsibility For Unintended Consequences, Claire Oakes Finkelstein
Responsibility For Unintended Consequences, Claire Oakes Finkelstein
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The appropriateness of imposing criminal liability for negligent conduct has been the subject of debate among criminal law scholars for many years. Ever since H.L.A. Hart’s defense of criminal negligence, the prevailing view has favored its use. In this essay, I nevertheless argue against criminal negligence, on the ground that criminal liability should only be imposed where the defendant was aware he was engaging in the prohibited conduct, or where he was aware of risking such conduct or result. My argument relies on the claim that criminal liability should resemble judgments of responsibility in ordinary morality as closely as possible. …
Corporate Shaming Revisited: An Essay For Bill Klein, David A. Skeel Jr.
Corporate Shaming Revisited: An Essay For Bill Klein, David A. Skeel Jr.
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No abstract provided.
Two Valuable Treatises On Civil Procedure, Geoffrey C. Hazard Jr.
Two Valuable Treatises On Civil Procedure, Geoffrey C. Hazard Jr.
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No abstract provided.