Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 9 of 9
Full-Text Articles in Law
Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch
Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch
Seattle University Law Review
Miller v. Alabama appeared to strengthen constitutional protections for juvenile sentencing that the United States Supreme Court recognized in Roper v. Simmons and Graham v. Florida. In Roper, the Court held that executing a person for a crime committed as a juvenile is unconstitutional under the Eighth Amendment. In Graham, the Court held that sentencing a person to life without parole for a nonhomicide offense committed as a juvenile is unconstitutional under the Eighth Amendment. In Miller, the Court held that a mandatory sentence of life without parole for a homicide offense committed by a juvenile is also unconstitutional under …
Criminal Law And Procedure, Aaron J. Campbell
Criminal Law And Procedure, Aaron J. Campbell
University of Richmond Law Review
No abstract provided.
From Peer-To-Peer Networks To Cloud Computing: How Technology Is Redefining Child Pornography Laws, Audrey Rogers
From Peer-To-Peer Networks To Cloud Computing: How Technology Is Redefining Child Pornography Laws, Audrey Rogers
St. John's Law Review
(Excerpt)
This Article traces the history of the child pornography laws and sentencing policy in Part I. Part II explains the technologies that have caused some of the current controversies, and then Part III describes how these technologies have blurred the offenses. Finally, Part IV makes suggestions as to how the law could better reflect technology and comport with a refined harm rationale. Courts, legal scholars, and medical experts have explained the harm includes the sexual abuse captured in the images and the psychological injury the victim endures knowing the images are being viewed. This Article further develops the harm …
To Catch The Lion, Tether The Goat: Entrapment, Conspiracy, And Sentencing Manipulation, Derrick Augustus Carter
To Catch The Lion, Tether The Goat: Entrapment, Conspiracy, And Sentencing Manipulation, Derrick Augustus Carter
Akron Law Review
This article examines how sentencing enhancement schemes play into undercover operations and manipulation ploys. This article reviews entrapment doctrines, starting with the common law principles of unclean hands and estoppel, to settled principles of objective and subjective entrapment. Through principles of conspiracy, the undercover operation ensnares perpetrators who intend factually impossible crimes, as long as an overt step is taken. Sentencing enhancement crimes, induced by government agents, must be proven before a jury beyond a reasonable doubt. A reciprocal corollary is that the accused must be able to defend enhancement accusations through defenses such as sentencing manipulation and sentencing entrapment. …
Excuses In Exile, Anders Kaye
Excuses In Exile, Anders Kaye
University of Michigan Journal of Law Reform
Suppose that I have intentionally killed another person and that I have done so without any justification. At first glance, it appears that I am guilty of murder, a very serious crime. Since I am guilty of this very serious crime, the state may inflict a very serious punishment on me—at least many years in prison, if not my whole life or the death penalty. But suppose that one of the following is also true in my case: (A) At the time that I killed my victim, I suffered from a mental disease and, as a result, lacked the substantial …
The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell L. Christopher
The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell L. Christopher
Washington and Lee Law Review
Are decades-long delays between sentencing and execution immune from Eighth Amendment violation because they are self-inflicted by prisoners, or is such prisoner fault for delays simply irrelevant to whether a state-imposed punishment is cruel and unusual? Typically finding delay to be the state’s responsibility, Justices Breyer and Stevens argue that execution following upwards of forty years of death row incarceration is unconstitutional. Nearly every lower court disagrees, reasoning that prisoners have the choice of pursuing appellate and collateral review (with the delay that entails) or crafting the perfect remedy to any delay by submitting, as Justice Thomas has invited complaining …
The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Meg E. Sawyer
The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Meg E. Sawyer
Washington and Lee Law Review
No abstract provided.
Comment On The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Kevin Flynn
Comment On The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Kevin Flynn
Washington and Lee Law Review
No abstract provided.
The Prior Convictions Exception—A Comment, Matthew Engle
The Prior Convictions Exception—A Comment, Matthew Engle
Washington and Lee Law Review
No abstract provided.