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Articles 1 - 20 of 20
Full-Text Articles in Law
Giving An Acquittal Its Due: Why A Quartet Of Sixth Amendment Cases Means The End Of United States V. Watts And Acquitted Conduct Sentencing, Lucius T. Outlaw
Giving An Acquittal Its Due: Why A Quartet Of Sixth Amendment Cases Means The End Of United States V. Watts And Acquitted Conduct Sentencing, Lucius T. Outlaw
University of Denver Criminal Law Review
No abstract provided.
The Death Of Fairness: Texas's Future Dangerousness Revisited, Ana M. Otero
The Death Of Fairness: Texas's Future Dangerousness Revisited, Ana M. Otero
University of Denver Criminal Law Review
No abstract provided.
The Cost Of Colorado's Death Penalty, Justin F. Marceau, Hollis A. Whitson
The Cost Of Colorado's Death Penalty, Justin F. Marceau, Hollis A. Whitson
University of Denver Criminal Law Review
No abstract provided.
Revisiting Dura Pharmaceuticals: Loss Causation & Criminal Securities Fraud Sentencing, Todd W. Barnet
Revisiting Dura Pharmaceuticals: Loss Causation & Criminal Securities Fraud Sentencing, Todd W. Barnet
University of Denver Criminal Law Review
No abstract provided.
Sixth Amendment Rising: The Newly Emerging Constitutional Case For Trial By Jury In Criminal Sentencing, Robert Hardaway
Sixth Amendment Rising: The Newly Emerging Constitutional Case For Trial By Jury In Criminal Sentencing, Robert Hardaway
University of Denver Criminal Law Review
No abstract provided.
The Man Behind The Curtain: Confronting Expert Testimony, Daniel W. Edwards
The Man Behind The Curtain: Confronting Expert Testimony, Daniel W. Edwards
University of Denver Criminal Law Review
No abstract provided.
Gender Disparities In Plea Bargaining, Carlos Berdejo
Gender Disparities In Plea Bargaining, Carlos Berdejo
Indiana Law Journal
Across wide-ranging contexts, academic literature and the popular press have identified pervasive gender disparities favoring men over women in society. One area in which gender disparities have conversely favored women is the criminal justice system. Most of the empirical research examining gender disparities in criminal case outcomes has focused on judges’ sentencing decisions. Few studies have assessed disparities in the steps leading up to a defendant’s conviction, where various actors make choices that constrain judges’ ultimate sentencing discretion. This Article addresses this gap by examining gender disparities in the plea-bargaining process. The results presented in this Article reveal significant gender …
Bowser V. State Of Nevada, 135 Nev. Adv. Op. 15 (May 16, 2019), Andrew Brown
Bowser V. State Of Nevada, 135 Nev. Adv. Op. 15 (May 16, 2019), Andrew Brown
Nevada Supreme Court Summaries
The Court overruled precedent which held that a presumption of vindictiveness applies when a judge imposes a longer sentence after a new trial.
Discretionary Life Sentences For Juveniles: Resolving The Split Between The Virginia Supreme Court And The Fourth Circuit, Daniel M. Coble
Discretionary Life Sentences For Juveniles: Resolving The Split Between The Virginia Supreme Court And The Fourth Circuit, Daniel M. Coble
Washington and Lee Law Review Online
At the age of 17, Donte Lamar Jones shot and killed a store clerk as she laid down on the floor during a robbery. He was spared the death penalty by agreeing instead to die in prison at the end of his life. Two years later in Virginia, 12 individuals were murdered for doing nothing more than being in the wrong place at the wrong time. Those individuals were killed by Lee Malvo and John Muhammad, better known as the “D.C. Snipers.” While John Muhammad was given the death penalty for his heinous crimes, Lee Malvo, who was 17 during …
Sorting Guilty Minds, Owen D. Jones, Francis X. Shen, Morris B. Hoffman, Joshua D. Greene, Rene Marois
Sorting Guilty Minds, Owen D. Jones, Francis X. Shen, Morris B. Hoffman, Joshua D. Greene, Rene Marois
Owen Jones
Because punishable guilt requires that bad thoughts accompany bad acts, the Model Penal Code (MPC) typically requires that jurors infer the past mental state of a criminal defendant. More specifically, jurors must sort that mental state into one of four specific categories - purposeful, knowing, reckless, or negligent - which in turn defines the nature of the crime and the extent of the punishment. The MPC therefore assumes that ordinary people naturally sort mental states into these four categories with a high degree of accuracy, or at least can reliably do so when properly instructed. It also assumes that ordinary …
No Indeterminate Sentencing Without Parole, Katherine Puzauskas, Kevin Morrow
No Indeterminate Sentencing Without Parole, Katherine Puzauskas, Kevin Morrow
Ohio Northern University Law Review
This article looks critically at the indeterminate sentencing system that survived after the elimination of parole in Arizona in 1993. It begins by exploring the purpose and history of indeterminate sentencing and parole as well as its earliest constitutional challenges and eventual decline. Next it compares two commonly confused forms of “release”: parole and executive clemency. The article then examines the three types of defendants affected by indeterminate sentences without parole: death row defendants denied parole eligibility instructions at trial, defendants sentenced with parole at trial, and defendants whose plea agreement includes parole. Finally, the article argues that without parole, …
Sentence For The Damned: Using Atkins To Understand The “Irreparable Corruption” Standard For Juvenile Life Without Parole, Zachary Crawford-Pechukas
Sentence For The Damned: Using Atkins To Understand The “Irreparable Corruption” Standard For Juvenile Life Without Parole, Zachary Crawford-Pechukas
Washington and Lee Law Review
This Note suggests that guidance should be drawn from the Supreme Court’s death penalty jurisprudence regarding the execution of intellectually disabled offenders. Atkins v. Virginia paved the way for the juvenile sentencing cases as the Supreme Court for the first time found that, under the Eighth Amendment, a selected class of offenders—the intellectually disabled — were not eligible for the state’s harshest penalty—the death penalty— because of their diminished culpability. Atkins similarly left the state courts to figure out how to decide whether an individual offender met this amorphous standard, “intellectually disabled.” As state courts grappled with this standard and …
Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn
Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn
Journal Articles
Courtroom sentencing, as part of the judicial process, is a long-standing norm in the justice system of the United States. But this basic criminal law precept is currently under quiet attack. This is because some states are now allowing parole boards to step in to decide criminal penalties without first affording defendants lawful judicial branch sentencing proceedings and sentences. These outside-of-court punishment decisions are occurring in the cases of youthful offenders entitled to sentencing relief under Miller v. Alabama, which outlawed automatic life-without-parole sentences for children. Thus, some Miller-impacted defendants are being sentenced by paroleboards as executive branch agents, rather …
Mass Parental Incarceration And Sentencing Reform In Minnesota, Caitlin Curry, Veronica Horowitz, Julie Matonich, Kristin Stock
Mass Parental Incarceration And Sentencing Reform In Minnesota, Caitlin Curry, Veronica Horowitz, Julie Matonich, Kristin Stock
Mitchell Hamline Law Review
No abstract provided.
Penile Polygraphy: The Admissibility Of Penile-Plethysmograph Results At Sentencing In Tennessee, Steven Poland
Penile Polygraphy: The Admissibility Of Penile-Plethysmograph Results At Sentencing In Tennessee, Steven Poland
Vanderbilt Law Review
State judges in Tennessee currently consider the results of penile plethysmograph ("PPG") evaluations when sentencing convicted sex offenders. These highly intrusive physical tests purport to identify whether an offender's arousal is considered "deviant" by measuring the change in penis size after viewing various stimuli. Because the results are usually buried in psychosexual evaluations that are part of general presentence assessments of recidivism risk, PPG evaluations suffer from a lack of standardization and little attention under the rules of evidence. Interestingly, PPG testing is similar to polygraphy in a number of ways, although studies have shown that PPG results are more …
Respect The Hustle: Necessity Entrepreneurship, Returning Citizens, And Social Enterprise Strategies, Priya Baskaran
Respect The Hustle: Necessity Entrepreneurship, Returning Citizens, And Social Enterprise Strategies, Priya Baskaran
Articles in Law Reviews & Other Academic Journals
This Article addresses a pervasive and growing problem for returning citizens – high rates of economic insecurity – and as a novel solution, proposes the creation of Economic Justice Incubators a new municipally led social enterprise strategy.
Mass incarceration is a national problem and requires comprehensive criminal justice reform. In contrast, the process of reentry is locally focused thanks to a complex web of collateral consequences. An estimated 641,000 people return home from prison each year, many to a limited number of economically distressed communities. Once released, their mobility is limited by the terms of their parole and the collateral …
Federal Guilty Pleas: Inequities, Indigence And The Rule 11 Process, Julian A. Cook
Federal Guilty Pleas: Inequities, Indigence And The Rule 11 Process, Julian A. Cook
Scholarly Works
In 2017 and 2018, the Supreme Court issued two little-noticed decisions—Lee v. United States and Class v. United States. While neither case captured the attention of the national media nor generated meaningful academic commentary, both cases are well deserving of critical examination for reasons independent of the issues presented to the Court. They deserve review because of a consequential shared fact; a fact representative of a commonplace, yet largely overlooked, federal court practice that routinely disadvantages the indigent (and disproportionately minority populations), and compromises the integrity of arguably the most consequential component of the federal criminal justice process. In each …
Convicting Juveniles To Life Without Parole, Bradford Colbert, Alex Baker Kroeger
Convicting Juveniles To Life Without Parole, Bradford Colbert, Alex Baker Kroeger
Mitchell Hamline Law Review
No abstract provided.
“Second Looks, Second Chances”: Collaborating With Lifers Inc. On A Video About Commutation Of Lwop Sentences, Regina Austin
“Second Looks, Second Chances”: Collaborating With Lifers Inc. On A Video About Commutation Of Lwop Sentences, Regina Austin
All Faculty Scholarship
In Pennsylvania, life means life without the possibility of parole (“LWOP”) or “death by incarceration.” Although executive commutation offers long serving rehabilitated lifers hope of release, in the past 20 years, only 8 commutations have been granted by the state’s governors. This article describes the collaboration between an organization of incarcerated persons serving LWOP and the law-school-based Penn Program on Documentaries and the Law that produced a video supporting increased commutations for Pennsylvania lifers. The article details the methodology of collaborative videomaking employed, the strategic decisions over content that were impacted by the politics of commutation, and the contributions of …
Methods And Severity: The Two Tracks Of Section 12, Benjamin Berger, Lisa Kerr
Methods And Severity: The Two Tracks Of Section 12, Benjamin Berger, Lisa Kerr
Articles & Book Chapters
This paper argues that there are two main routes – two tracks – by which one can arrive at the fundamental wrong at the heart of section 12 of the Charter. On the “methods track”, the state can run afoul of section 12 by using intrinsically unacceptable methods of treatment or punishment. For historical reasons, jurisprudence on this track is not well developed in Canada, though it would clearly prohibit the death penalty and most methods of corporal punishment. On the “severity track”, the concern is with excessive punishment. Here, even where the state has chosen a legitimate method of …