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Michigan Law Review

Narcotics

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When Discretion Leads To Distortion: Recognizing Pre-Arrest Sentence-Manipulation Claims Under The Federal Sentencing Guidelines, Jeffrey L. Fisher Jun 1996

When Discretion Leads To Distortion: Recognizing Pre-Arrest Sentence-Manipulation Claims Under The Federal Sentencing Guidelines, Jeffrey L. Fisher

Michigan Law Review

This Note argues that sentence manipulation should be a legally viable partial defense - a defense that does not warrant complete exoneration, but does warrant a reduced sentence when the government's investigative techniques place a quantity of drugs before the court that overrepresents the defendant's culpability, or individual blameworthiness. Part I describes the policies and objectives that underlie the Guidelines, but then demonstrates how the rigid application of quantity-based sentencing provisions can lead to sentence manipulation that thwarts these goals, particularly the goal of sentencing according to culpability. Part II describes how courts have responded to sentence manipulation claims. It …


Continuing Criminal Enterprise, Conspiracy, And The Multiple Punishment Doctrine, Kenneth G. Schuler Aug 1993

Continuing Criminal Enterprise, Conspiracy, And The Multiple Punishment Doctrine, Kenneth G. Schuler

Michigan Law Review

This Note argues that the Multiple Punishment Doctrine prohibits the imposition of concurrent convictions and sentences upon criminal defendants found guilty of engaging in a CCE and conspiring to violate narcotics laws. Part I surveys the values underlying the Multiple Punishment Doctrine and traces the evolution of the Supreme Court's application of the doctrine to modern criminal law. Part II examines the various methods employed by the circuit courts of appeals to deal with simultaneous convictions and sentences for CCE and conspiracy. Part III reviews the test, identified in Part I, that the Supreme Court has implicitly utilized to analyze …


Beyond The War On Drugs: Overcoming A Failed Public Policy, Kenneth R. Hillier May 1991

Beyond The War On Drugs: Overcoming A Failed Public Policy, Kenneth R. Hillier

Michigan Law Review

A Review of Beyond the War on Drugs: Overcoming a Failed Public Policy by Steven Wisotsky


The Heroin Solution, Michigan Law Review Feb 1985

The Heroin Solution, Michigan Law Review

Michigan Law Review

A Review of The Heroin Solution by Arnold S. Trebach


The Hardest Drug: Heroin And Public Policy, Michigan Law Review Feb 1984

The Hardest Drug: Heroin And Public Policy, Michigan Law Review

Michigan Law Review

A Review of The Hardest Drug: Heroin and Public Policy by John Kaplan


The Concurrent State And Local Regulation Of Marijuana: The Validity Of The Ann Arbor Marijuana Ordinance, Michigan Law Review Dec 1972

The Concurrent State And Local Regulation Of Marijuana: The Validity Of The Ann Arbor Marijuana Ordinance, Michigan Law Review

Michigan Law Review

The City Council of Ann Arbor, Michigan, has recently amended the City's "marijuana ordinance" so that it prohibits the possession, control, use, giving away, or sale of marijuana, and specifies a five dollar fine as punishment for violations of the ordinance. The State of Michigan has also legislated to prohibit marijuana-related activities, specifying a number of different offenses with penalties ranging as high as four years in prison, or a 2,000 dollar fine, or both. By enacting the ordinance, the City government has minimized the criminal sanctions for an activity it has found essentially benign, pursuant to certain local purposes. …


Criminal Law And Procedure -- Privilege Against Self-Incrimination -- Duty To Give Requested Instruction That No Significance Should Be Attached To Defendant's Failure To Testify, Michigan Law Review Jun 1940

Criminal Law And Procedure -- Privilege Against Self-Incrimination -- Duty To Give Requested Instruction That No Significance Should Be Attached To Defendant's Failure To Testify, Michigan Law Review

Michigan Law Review

Defendant, charged with conspiracy to import and sell narcotics, requested a special instruction that failure of defendant to take the witness stand does not create any presumption against him. A federal statute specifically provides that no such presumption shall arise. The trial court refused the instruction, and after the circuit court of appeals affirmed the conviction, the case was taken to the United States Supreme Court. Held, the statute gave defendant a right upon request to have such an instruction given. The error committed by its refusal was not a mere "technical error," but one affecting defendant's substantial rights. …