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Full-Text Articles in Law
The Pendulum In Federal Sentencing Can Also Swing Toward Predictability: A Renewed Role For Binding Plea Agreements Post-Booker, Wes R. Porter
The Pendulum In Federal Sentencing Can Also Swing Toward Predictability: A Renewed Role For Binding Plea Agreements Post-Booker, Wes R. Porter
Publications
This article argues that in addition to the swing toward increased judicial discretion and overall lower sentences, the pendulum also can swing toward predictability and informed decision making for the defendant. The federal sentencing scheme must allow a defendant to pursue, negotiate, and contract for what the defendant believes is a uniform, proportional, and fair sentence. Increased use of binding plea agreements in federal court could complement the progressive developments following Booker and restore some predictability and informed decision making to federal sentencing. However, without significant rule, policy, and perception changes, like those proposed in Part VI of this article, …
Renaissance Redux? Chastity And Punishment In Italian Rape Law, Rachel A. Van Cleave
Renaissance Redux? Chastity And Punishment In Italian Rape Law, Rachel A. Van Cleave
Publications
This essay examines an Italian sexual assault case that received significant media attention. The Corte d'appello of Cagliari concluded that the defendant was not entitled to a reduced sentence when he was convicted of sexually assaulting his fourteen-year-old stepdaughter. On review, the Third Section of Italy's Corte diCassazione held that the lower court's refusal was erroneous. Cassazione faulted the appellate court for failing to consider that the victim had already engaged in sexual activity with others. This case illustrates how changing rape laws on the books does not always bring about immediate change in attitudes. Indeed, notions of chastity and …
Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave
Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave
Publications
This article examines how a majority of the Supreme Court went out of its way to vacate a punitive damages award in Philip Morris and further reinforced the inconsistency with which it applies the principle of proportionality. When it comes to punitive damages awards, a majority of Justices continue to convey distrust of juries and of trial and appellate court judges who review these awards. However, when it comes to terms of imprisonment, the Court has eschewed substantive review under the Eighth Amendment while insisting that the Sixth Amendment requires that all facts supporting an increase in a sentence be …
Truth In Sentencing In State Prisons, Us Department Of Justice
Truth In Sentencing In State Prisons, Us Department Of Justice
National Institute of Justice Office of Justice Programs
No abstract provided.
Hearing On Determinate And Indeterminate Sentencing, Joint Committee For Revision Of The Penal Code
Hearing On Determinate And Indeterminate Sentencing, Joint Committee For Revision Of The Penal Code
California Joint Committees
No abstract provided.
Beyond The Courtroom: A Comparative Analysis Of Misdemeanor Sentencing, Us Department Of Justice, Anthony J. Ragona, John Paul Ryan
Beyond The Courtroom: A Comparative Analysis Of Misdemeanor Sentencing, Us Department Of Justice, Anthony J. Ragona, John Paul Ryan
National Institute of Justice Office of Justice Programs
Misdemeanor courts have been infrequently studied, despite their central importance in law enforcement and social control. More than 9096 of all criminal cases are heard by misdemeanor courts, thereby providing most of the general public with its only view of the criminal process. Our study of four misdemeanor courts--Austin, Texas; Columbus, Ohio; Mankato, Minnesota; and Tacoma, Washington--is an attempt to compare the sentences imposed, the processes leading to sentencing, and the influence of the local political and economic environments surrounding the four courts. An eclectic methodological approach was utilized, including collection of data from random samples of individual defendant case …