Open Access. Powered by Scholars. Published by Universities.®
- Keyword
- Publication
Articles 1 - 4 of 4
Full-Text Articles in Law
Blame Congress, Not Prosecutors, For The Absurdity Of Mandatory Minimums, Wes R. Porter
Blame Congress, Not Prosecutors, For The Absurdity Of Mandatory Minimums, Wes R. Porter
Publications
Contrary to public perception, prosecutors do not "coerce" or "threaten" otherwise innocent people to plead guilty using mandatory minimum sentences. "Mandatory minimums," as they are called, are minimum terms of imprisonment for specific offenses imposed by statute instead of a judge. Judge John Gleeson of the U.S. District Court for the Eastern District of New York joined the chorus of critics in an October 2013 court statement, when he said that "[p]rosecutors routinely threaten ultra-harsh, enhanced mandatory sentences that no one - not even the prosecutors themselves - thinks are appropriate." Of course, some federal prosecutors do act badly - …
Talk Is Cheap, But Texting While Driving Shouldn’T Be, Kristina Maalouf
Talk Is Cheap, But Texting While Driving Shouldn’T Be, Kristina Maalouf
GGU Law Review Blog
No abstract provided.
Sex Trafficking In Massage Parlors: Working Out The Knots In The San Francisco Health Code, Joanne Badua
Sex Trafficking In Massage Parlors: Working Out The Knots In The San Francisco Health Code, Joanne Badua
GGU Law Review Blog
No abstract provided.
Federal Judges Need Competing Information To Rival The Misleading Guidelines At Sentencing, Wes R. Porter
Federal Judges Need Competing Information To Rival The Misleading Guidelines At Sentencing, Wes R. Porter
Publications
Federal district judges are stuck in a bad marriage with the U.S. Sentencing Guidelines after Booker v. Unittd States. While most of the sentencing debate centers around the struggle over judicial discretion and power to control sentencing outcomes, little attention is given to how poorly we inform the sentencing court's discretion. The information provided to the court at sentencing is lacking and outdated. The Booker Court freed district judges from the "mandatory guideline era" (1988-2005), but also required that district judges continue to calculate, "consult," and explain variances from the applicable guideline range. A sentencing court needs better, competing …