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Full-Text Articles in Law
Shock Incarceration And Parole: A Process Without Process, Adam Yefet
Shock Incarceration And Parole: A Process Without Process, Adam Yefet
Brooklyn Law Review
The idea that an inmate could possess a liberty interest in parole is a relatively recent development in Fourteenth Amendment law. It was not until 1979, in Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex, that the Supreme Court examined Nebraska’s parole scheme and found that inmates could have a liberty interest in parole. The primary implication of Greenholtz was that parole statutes that contained certain mandatory language could confer upon inmates a liberty interest in parole. Applying the Greenholtz analysis, numerous parole schemes across the country were held to create a liberty interest and to require …
How Much Punishment Is Enough?: Embracing Uncertainty In Modern Sentencing Reform, Jalila Jefferson-Bullock
How Much Punishment Is Enough?: Embracing Uncertainty In Modern Sentencing Reform, Jalila Jefferson-Bullock
Journal of Law and Policy
This article examines federal sentencing reform and embraces the principle of uncertainty in this process. In order to properly reapportion federal criminal sentencing laws, reformers must account for the impracticality of determining appropriate incarceration lengths at sentencing. Thus, this article proposes an alternative federal sentencing model that includes a sentencing effectiveness assessment tool to help lawmakers implement rational sentences that appropriately punish offenders, prepare them to successfully reenter society, and reduce recidivism rates. Modern sentencing reform should adopt constant review and evaluation of sentencing to measure effectiveness and ensure that appropriate sentences are implemented to avoid the pitfalls of an …