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Sentence Credit For Pre-Trial Defendants Released To Residential Detention Facilities, Maryellen Sullivan Nov 1993

Sentence Credit For Pre-Trial Defendants Released To Residential Detention Facilities, Maryellen Sullivan

Vanderbilt Law Review

Most individuals consider continued confinement to a residential detention facility and denial of access to phone, mail, and family visits to constitute involuntary detention. The majority of the federal courts of appeal do not agree, however, and will not grant sentence credit to a federal offender for time spent, as a condition of bond, in a "treatment center" or "halfway house."' These same courts, without exception, grant sentence credit to individuals who are remanded to these residen- tial facilities after conviction. This inequity violates the purpose of the Bail Reform Act of 1966 (the "Act"), which ensures even-handed and uniform …


The Nature And Constitutionality Of Stalking Laws, Robert A. Guy, Jr. May 1993

The Nature And Constitutionality Of Stalking Laws, Robert A. Guy, Jr.

Vanderbilt Law Review

In 1989, an obsessed fan shot and killed actress Rebecca Schaeffer at the front gate of her Los Angeles apartment.' Soon thereafter, in unrelated incidents, five Orange County women were slain at the hands of their intimate partners. All of the killings shared two common attributes: the killers had stalked their victims incessantly, and the justice system had been unable to intervene.

Suddenly conscious of the inadequacy of current law, the California legislature responded in 1990 by creating the nation's first stalking law." The statute criminalizes the repeated harassment or following of an- other person in conjunction with a threat. …


Federal Sentencing Guidelines For Organizational Defendants, Emmett H. Miller, Iii Jan 1993

Federal Sentencing Guidelines For Organizational Defendants, Emmett H. Miller, Iii

Vanderbilt Law Review

The first Federal Sentencing Guidelines for Organizational Defendants ("Guidelines") became effective on November 1, 1991.' The Guidelines represent the federal government's latest action in the developing area of organizational sanctions and are the result of three years of work and several prior draft proposals by the United States Sentencing Commission. Part II of this Recent Development examines past legal and theoretical approaches to the problem of organizational sentencing. Part III describes both the past and present efforts of the United States Sentencing Commission to promulgate sentencing guidelines for organizations. Part IV analyzes the new Guidelines in light of the statutory …