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Articles 601 - 630 of 664
Full-Text Articles in Entire DC Network
The Effect Of External Pressures On Sentencing Judges, Eve Kunen
The Effect Of External Pressures On Sentencing Judges, Eve Kunen
Fordham Urban Law Journal
Aldoupolis v. Commonwealth illustrates three potential types of pressure on a sentencing judge: public opinion, opinions voiced by influential political figures, and opinions expressed by the press. This Comment explores the question of whether a sentencing judge may consider any of these pressures without violating the constitutional principles of procedural due process, the proscription against cruel and unusual punishment, equal protection, double jeopardy, and the common law-statutory proscription against abuse of discretion. Emphasis will be placed on public opinion, which often parallels the voices of those least heard by the criminal justice system: the victims.
Sentencing In West Germany , Thomas Weigend
The Alaska Pretrial Intervention Evaluation Development Project, Knowlton W. Johnson
The Alaska Pretrial Intervention Evaluation Development Project, Knowlton W. Johnson
Reports
In 1978 the Alaska Department of Law implemented the Pretrial Intervention Program (PTI) in Anchorage to provide an alternative to formal prosecution of first-time offenders. The program was later expanded to 8 other sites in Alaska. The PTI Evaluation Development Project was initiated in 1982 to develop an evaluation system for the PTI program which would provide information to assist PTI management to set screening and treatment policy, determine staff workloads, and make program modifications. This report details the evaluation system's development. Codebook and SPSS programs included in appendices.
The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan
The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan
Michigan Law Review
This Article addresses that question by examining judicial sentencing philosophy as applied to white-collar criminality and reporting data that illuminate the operation of that philosophy. Part I of the Article argues that the traditional purposes and limits of criminal sentencing may plausibly justify either disparate or comparable sentences in cases of white-collar and common criminality. Part II describes the obstacles to an accurate empirical inquiry into how judges resolve these uncertainties in the theory of punishment. Part III presents a study designed to overcome as many of these obstacles as possible. What is most dramatic is that the resulting data …
From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch
From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch
Michigan Law Review
While the transition from the old forms of criminal sanction to incarceration was perhaps not, as Jeremy Bentham claimed, "one of the most signal improvements that have ever yet been made in our criminal legislation," one does not overstate to call it a signal development in the history of Anglo-American criminal justice - a development, one may add, that still wants adequate examination, much less explanation. This Article attempts to do both for one sample region: Massachusetts. Though the jurisprudential movement from pillory to penitentiary took place throughout the new American republic, as well as much of western Europe, our …
Salvaging Proportionate Prison Sentencing: A Reply To Rummel V. Estelle, Thomas F. Cavalier
Salvaging Proportionate Prison Sentencing: A Reply To Rummel V. Estelle, Thomas F. Cavalier
University of Michigan Journal of Law Reform
Part I of this Note provides a capsule of the Court's holding in Rummel. Part II argues, contrary to Rummel, that precedential support can be mustered to support eighth amendment review of sentence length. Finally, part 11,1 discusses the continued viability of the proportionality test as a vehicle for assessing challenges to the length of imprisonment, and discounts the concerns voiced in Rummel regarding the difficulty of judicial review of legislative sentencing decisions.
Potentially Discriminatory Criminal Justice Agency Policies, John E. Angell
Potentially Discriminatory Criminal Justice Agency Policies, John E. Angell
Reports
This report describes potential sources of discrimination in the Alaska criminal justice system related to agency policies and procedures. The study relied on policy and procedural manuals and other written materials describing operational practices and organizational and management information about criminal justice operations. The report identifies policy areas in law enforcement, the legal and judicial system , corrections, and systemwide which provide the highest potential for discrimination on the basis of race, sex, economic condition, or other characteristics.
Sentencing A Defendant To Death: Procedural Review Of The Use Of Testimony From Compelled Psychiatric Examinations, Lori Ann Weiner
Sentencing A Defendant To Death: Procedural Review Of The Use Of Testimony From Compelled Psychiatric Examinations, Lori Ann Weiner
University of Miami Law Review
In this casenote, the author critically examines the recent decision of Smith v. Estelle, in which the Fifth Circuit used a dual rationale for vacating a death sentence. The court held that Texas violated the defendant's due process rights by producing a surprise psychiatric witness at sentencing. The court held also that the defendant had a fifth amendment right to refuse a court-compelled psychiatric examination because he had not waived that right by raising an insanity defense. Discussing this decision in the context of the constitutionality of death sentencing procedures, the author argues that the Supreme Court should uphold …
The Public's Perspective— Justice Administration 1980: A Survey Of Public Opinion, John E. Havelock, Peter Smith Ring, Kevin Bruce
The Public's Perspective— Justice Administration 1980: A Survey Of Public Opinion, John E. Havelock, Peter Smith Ring, Kevin Bruce
Reports
This public opinion survey was commissioned by the Alaska Criminal Justice Planning Agency, Governor's Commission on the Administration of Justice, to help people interested in justice administration in planning, predicting, and educating with respect to the future design and administration of the justice system in Alaska. The survey was conducted during November and December 1979 and included 676 respondents from throughout Alaska. The survey elicited public opinion in four major areas: (1) the climate of public safety, including perceptions of crime rates, public safety, gun ownership, victimization, and family violence; (2) images of the justice professional, including professional skills, professionalism, …
Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy
Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy
West Virginia Law Review
No abstract provided.
Sentencing: The Dilemma Of Discretion, Jerold Israel
Sentencing: The Dilemma Of Discretion, Jerold Israel
Law Quadrangle (formerly Law Quad Notes)
Excerpts taken from Professor Israel's revision of Hazel B. Kerper's Introduction to the Criminal Justice System (West Publishing Co. 1979). This book is a widely used beginning text for undergraduates . It concentrates on presenting a broad overview of the basic features of the criminal justice process. This is Professor Israel's first experience writing for undergraduates, and he reports that it is "far more difficult, in many ways" than traditional law review writing. Since sentencing reform is a major topic of concern today, we thought this excerpt might prove of interest to those of our readers who may have only …
Evaluation Of Pre-Trial Diversion Project, State Of Alaska, Department Of Law, Peter Smith Ring, Kevin Bruce
Evaluation Of Pre-Trial Diversion Project, State Of Alaska, Department Of Law, Peter Smith Ring, Kevin Bruce
Reports
In February 1978 the Alaska Department of Law initiated a pilot pretrial intervention (PTI) project in Anchorage directed at first-time property offenders with no history of violence and no current drug or alcohol dependency. The project was aimed at reducing recidivism and costs to the criminal justice system, and included a built-in evaluation component. This report explores the PTI project's impact by (1) comparing PTI clients with other defendants; (2) investigating compliance of PTI clients with contracts to which they agree at time of program entry; (3) comparing costs of PTI compared with those generated in ordinary criminal cases; (4) …
Judicial Sentence Bargaining In The Federal Courts, Patricia A. Perrotta
Judicial Sentence Bargaining In The Federal Courts, Patricia A. Perrotta
Fordham Law Review
No abstract provided.
Sentencing, The Dilemma Of Discretion, Jerold H. Israel
Sentencing, The Dilemma Of Discretion, Jerold H. Israel
Book Chapters
[The following excerpts are taken from Professor Jerold Israel's revision of the late Hazel B. Kerper's Introduction to the Criminal Justice System ( West Publishing Co. 1979), with permission of the author and publisher. Footnotes have been omitted.] As we have seen, judges usually have substantial discretion in sentencing. Most states give them considerable leeway in choosing between probation and imprisonment, in setting the term of imprisonment under either an indeterminate or determinate sentencing structure, in deciding whether a young offender will be given the special benefits of a youthful offender statute, and in determining whether to impose consecutive or …
Judicial Sentence Bargaining In The Federal Courts, Patricia A. Perrotta
Judicial Sentence Bargaining In The Federal Courts, Patricia A. Perrotta
Fordham Law Review
No abstract provided.
Land Without Plea Bargaining: How The Germans Do It, John H. Langbein
Land Without Plea Bargaining: How The Germans Do It, John H. Langbein
Michigan Law Review
The present Article demonstrates the error of this universalist theory of plea bargaining by showing how and why one major legal system, the West German, has so successfully avoided any form or analogue of plea bargaining in its procedures for cases of serious crime. The German criminal justice system functions without plea bargaining not by good fortune, but as a result of deliberate policies and careful institutional design whose essential elements are outlined in Part I. Part II addresses the American claims that a clandestine plea bargaining system lurks behind veils of German pretense.
The United States Sentencing Commission: A Constitutional Delegation Of Congressional Power, William C. Potter Ii
The United States Sentencing Commission: A Constitutional Delegation Of Congressional Power, William C. Potter Ii
Indiana Law Journal
No abstract provided.
Appellate Review Of Sentences: A New Standard In Louisiana, Barry L. Lacour
Appellate Review Of Sentences: A New Standard In Louisiana, Barry L. Lacour
Louisiana Law Review
No abstract provided.
Two Perspectives On Structuring Discretion: Justices Stewart And White On The Death Penalty, Larry I. Palmer
Two Perspectives On Structuring Discretion: Justices Stewart And White On The Death Penalty, Larry I. Palmer
Faculty Publications
No abstract provided.
Privacy And The Presentence Report, William P. Mclauchlan
Privacy And The Presentence Report, William P. Mclauchlan
Indiana Law Journal
No abstract provided.
The Role Of Appellate Court In Mandatory Sentencing Schemes, Larry I. Palmer
The Role Of Appellate Court In Mandatory Sentencing Schemes, Larry I. Palmer
Faculty Publications
No abstract provided.
Crime, Punishment And Responsibility, T. Brian Hogan
Crime, Punishment And Responsibility, T. Brian Hogan
Villanova Law Review (1956 - )
No abstract provided.
Alaska Justice Forum ; Vol. 2, No. 10 (November 1978), Kevin Bruce, Sema Lederman, N/A Uaa Criminal Justice Center
Alaska Justice Forum ; Vol. 2, No. 10 (November 1978), Kevin Bruce, Sema Lederman, N/A Uaa Criminal Justice Center
Vols 01-10 (1977-1994)
The November 1978 issue of the Alaska Justice Forum leads with a description of Project PROSECUTOR (PROSecutor's Enhanced Charging Using Tested Options and Research), a project of the Alaska Department of Law and the UAA Criminal Justice Center to improve prosecutor screening and legal advising to police and to establish a pretrial intervention program. Standing Together Against Rape (STAR), a 24-hour crisis intervention and advocacy service for victims of sexual assault, opened in Anchorage in May 1978. The state of Washington has adopted a sweeping new juvenile justice code, which went into effect July 1, 1978, replacing the original code …
Alaska Justice Forum ; Vol. 2, No. 8 (September 1978), Peter Smith Ring, James C. Hornaday, N/A Uaa Criminal Justice Center
Alaska Justice Forum ; Vol. 2, No. 8 (September 1978), Peter Smith Ring, James C. Hornaday, N/A Uaa Criminal Justice Center
Vols 01-10 (1977-1994)
The September 1978 issue of the Alaska Justice Forum leads with an article proposing alternatives to the exclusionary rule, which requires the suppression of evidence resulting from unconstitutional searches and seizures. Homer District Court Judge James C. Hornaday describes current trends in criminal law. The decision of the Alaska Supreme Court in William A. Rust v. State of Alaska (584 P.2d 38 (1978)) in regards to rights of prisoners to psychological or psychiatric treatment is discussed. Additional articles discuss community service as an alternative sentence and a nationwide study involving 30 police departments on predicting success in clearing burglary cases. …
Due Process And Substantive Accountability: Thoughts Toward A Model Of Just Decisionmaking, J. Michael Veron
Due Process And Substantive Accountability: Thoughts Toward A Model Of Just Decisionmaking, J. Michael Veron
Louisiana Law Review
No abstract provided.
Alaska Justice Forum ; Vol. 2, No. 6 (July 1978), Barry Stern, Chris Cobb, Elliott H. Robinson, Peter Smith Ring
Alaska Justice Forum ; Vol. 2, No. 6 (July 1978), Barry Stern, Chris Cobb, Elliott H. Robinson, Peter Smith Ring
Vols 01-10 (1977-1994)
In the July 1978 issue of the Alaska Justice Forum, the staff counsel of the Alaska Criminal Code Revision Subcommission describes the major provisions of the Revised Alaska Criminal Code as approved by the Alaska Legislature in June 1978, and highlights changes from the draft revised code proposed by the subcommission. The Anchorage Pretrial Intervention Project, which became operational in early 1978, is described. An offender reentry program of the Alaska Division of Corrections to help ex-offenders adjust to life after prison is described. The concluding installment of a six-part series on the law of confessions discusses the use of …
Alaska Criminal Code Revision — Tentative Draft, Part 6: Sentencing: Classification Of Offenses Chart; Index To Tentative Draft, Parts 1-6, Alaska Criminal Code Revision Subcommission
Alaska Criminal Code Revision — Tentative Draft, Part 6: Sentencing: Classification Of Offenses Chart; Index To Tentative Draft, Parts 1-6, Alaska Criminal Code Revision Subcommission
Reports
The Alaska Criminal Code Revision Commission was established in 1975, and reestablished in June 1976 as a Subcommission of the newly formed Code Commission, with the responsibility to present a comprehensive revision of Alaska’s criminal code for consideration by the Alaska State Legislature. Tentative Draft, Part 6, contains an overview of sentencing in existing Alaska law as of 1978 and the provisions on sentencing and related procedures of the draft Revised Criminal Code, including classification of offenses, probation, fines, restitution, community service, imprisonment, and appeals. Commentary following each article is designed to aid the reader in analyzing the effect of …
Sentencing In Indiana: Appellate Review Of The Trial Court's Discretion, John Eric Smithburn
Sentencing In Indiana: Appellate Review Of The Trial Court's Discretion, John Eric Smithburn
Journal Articles
Two significant developments, legislative and judicial, have taken place in Indiana criminal law in recent months which may offer an effective response to the problem of unguided discretionary sentencing. The Indiana Penal Code has been revised to require that the trial court, before sentencing a convicted felon, conduct a separate hearing for the purpose of determining the appropriate sentence and to make a record of the hearing which must include a statement of the court's reasons for selecting the sentence imposed. The General Assembly has also provided specific directives which the trial court must consider in determining a proper sentence …
Disclosure Of Presentence Reports In Capital Cases, John A. Mouton Iii
Disclosure Of Presentence Reports In Capital Cases, John A. Mouton Iii
Louisiana Law Review
No abstract provided.
Urban Politics And The Criminal Courts, Milton Heumann
Urban Politics And The Criminal Courts, Milton Heumann
Michigan Law Review
A Review of Urban Politics and the Criminal Courts by Martin A. Levin