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Full-Text Articles in Law
Federal Sentencing Guidelines, Andrea Wilson
Federal Sentencing Guidelines, Andrea Wilson
Mercer Law Review
Appeals attempting to resolve issues concerning the United States Sentencing Guidelines ("U.S.S.G.") continue to require much of the resources of the Eleventh Circuit Court of Appeals. The sentencing guidelines are the driving force behind thousands of prosecutions and appeals each year. However, the number of amendments to the guidelines has diminished in recent years, and the court seems to be free to do more fine-tuning than in the past.
Kansas V. Hendricks: Fighting For Children On The Slippery Slope, Michael L. Atlee
Kansas V. Hendricks: Fighting For Children On The Slippery Slope, Michael L. Atlee
Mercer Law Review
In Kansas v. Hendricks, the United States Supreme Court determined the constitutionality of a civil commitment statute that provides for possible indefinite confinement of sex offenders who are near the end of their prison sentences and who pose a threat to society and suffer from a "mental abnormality." In a five to four decision, the Court reversed the Kansas Supreme Court and upheld Kansas's Sexually Violent Predator Act ("SVPA"). In doing so, the Court declared the act nonpenal and rejected due process, double jeopardy, and ex post facto challenges.
United States V. Mitchell: The Fifth Amendment At Sentencing, Matthew E. Cook
United States V. Mitchell: The Fifth Amendment At Sentencing, Matthew E. Cook
Mercer Law Review
Whether the Fifth Amendment privilege against self-incrimination may be claimed by a criminal defendant after conviction is an open question. In United States v. Mitchell, the Third Circuit aligned itself with the minority of circuits by holding that defendants retain no Fifth Amendment right against self-incrimination with respect to the facts or circumstances of a crime once convicted, even though their testimony may work to increase their level of punishment.