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Articles 1 - 4 of 4
Full-Text Articles in Criminology
Juvenile Penalties For “Lawyering Up”: The Role Of Counsel And Extralegal Case Characteristics, Gaylene Armstrong, Bitna Kim
Juvenile Penalties For “Lawyering Up”: The Role Of Counsel And Extralegal Case Characteristics, Gaylene Armstrong, Bitna Kim
Criminology and Criminal Justice Faculty Publications
The presence of counsel for juveniles in the courtroom seems advantageous from a due process perspective, yet some studies suggest that juveniles receive harsher dispositions when represented by an attorney. This study tested whether a “counsel penalty” existed regardless of attorney type and, guided by prior sentencing literature, used a more comprehensive model to determine the influence of extralegal and contextual factors that may amplify the counsel penalty. Utilizing official data from a Northeastern state in a multilevel modeling strategy, this study found that regardless of the type of counsel retained, harsher sentences were received as compared with cases in …
Comments On [Israeli] Proposal For Structuring Judicial Discretion In Sentencing, Paul H. Robinson
Comments On [Israeli] Proposal For Structuring Judicial Discretion In Sentencing, Paul H. Robinson
All Faculty Scholarship
In this essay, Professor Robinson supports the current Israeli proposal for structuring judicial discretion in sentencing, in particular its reliance upon desert as the guiding principle for the distribution of punishment, its reliance upon benchmarks, or “starting-points,” to be adjusted in individual cases by reference to articulated mitigating and aggravating circumstances, and the proposal’s suggestion to use of an expert committee to draft the original guidelines.
The Eleventh Circuit's Selective Assault On Sentencing Discretion, Adam Shajnfeld
The Eleventh Circuit's Selective Assault On Sentencing Discretion, Adam Shajnfeld
Adam Shajnfeld
Ever since the Supreme Court declared that the sentences which district courts impose on criminal defendants are to be reviewed on appeal for “unreasonableness,” the standard’s contours have remained elusive and mired in controversy, despite the Court’s repeated attempts at elucidation. In few instances is this confounding state of affairs more apparent and acute than in the Eleventh Circuit’s recent lengthy and factious en banc decision in United States v. Irey. This article explores Irey’s merits, mistakes, and lessons, trying to locate each within the broader context of the Eleventh Circuit’s sentencing jurisprudence. In doing so, the article advances three …
Gene-Environment Interactions, Criminal Responsibility, And Sentencing, Stephen J. Morse
Gene-Environment Interactions, Criminal Responsibility, And Sentencing, Stephen J. Morse
All Faculty Scholarship
This chapter in, Gene-Environment Interactions in Developmental Psychopathology (K. Dodge & M. Rutter, eds. 2011), considers the relevance of GxE to criminal responsibility and sentencing. It begins with a number of preliminary assumptions that will inform the analysis. It then turns to the law’s view of the person, including the law’s implicit psychology, and the criteria for criminal responsibility. A few false starts or distractions about responsibility are disposed of briefly. With this necessary background in place, the chapter then turns specifically to the relation between GxE and criminal responsibility. It suggests that GxE causes of criminal behavior have no …