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Articles 1 - 28 of 28
Full-Text Articles in Law
A First Step Towards Sentencing Reform, Jeffrey Bellin
A First Step Towards Sentencing Reform, Jeffrey Bellin
Popular Media
No abstract provided.
Reducing The Dangers Of Future Dangerousness Testimony: Applying The Federal Rules Of Evidence To Capital Sentencing, Jaymes Fairfax-Columbo, David Dematteo
Reducing The Dangers Of Future Dangerousness Testimony: Applying The Federal Rules Of Evidence To Capital Sentencing, Jaymes Fairfax-Columbo, David Dematteo
William & Mary Bill of Rights Journal
The United States Supreme Court has long held that the death penalty cannot be imposed arbitrarily, and that during sentencing in capital cases, jurors must be provided with guidelines to assist them in narrowing down the class of individuals for whom the death penalty is appropriate. Typically, this is accomplished through the presentation of aggravating and mitigating evidence. One aggravating factor is a capital offender’s future dangerousness, or the likelihood that the individual will engage in violent institutional misconduct while in prison. Future dangerousness may be assessed using a variety of measures; Hare’s Psychopathy Checklist-Revised (PCL-R), a measure of personality …
Seeking Inconsistency: Advancing Pluralism In International Criminal Sentencing, Nancy Amoury Combs
Seeking Inconsistency: Advancing Pluralism In International Criminal Sentencing, Nancy Amoury Combs
Faculty Publications
No abstract provided.
Is Texas Tough On Crime But Soft On Criminal Procedure?, Adam M. Gershowitz
Is Texas Tough On Crime But Soft On Criminal Procedure?, Adam M. Gershowitz
Faculty Publications
Although Texas is well known for imposing tough punishments on convicted defendants, it is surprisingly generous in affording criminal procedure protections. In a variety of areas, including search and seizure rules, confession requirements, the availability of bail, prosecutorial discovery obligations, and jury trial guarantees, Texas affords protections vastly in excess of what is required by the United States Constitution. Even more shocking, these criminal procedure guarantees come almost entirely from Texas statutes approved by the legislature, not activist rules imposed by judges. This Article explores Texas's reputation as a tough-on-crime state and the seeming inconsistency between Texas being tough on …
Particularism, Telishment, And Three Strikes Laws, Michael S. Green
Particularism, Telishment, And Three Strikes Laws, Michael S. Green
Popular Media
No abstract provided.
Deciding When To Decide: How Appellate Procedure Distributes The Costs Of Legal Change, Aaron-Andrew P. Bruhl
Deciding When To Decide: How Appellate Procedure Distributes The Costs Of Legal Change, Aaron-Andrew P. Bruhl
Faculty Publications
Legal change is a fact of life, and the need to deal with it has spawned a number of complicated bodies of doctrine. Some aspects of the problem of legal change have been studied extensively, such as doctrines concerning the retroactivity of new law and the question whether inferior courts can anticipatorily overrule a moribund superior court precedent. How such questions are answered affects the size and the distribution of the costs of legal change. Less appreciated is the way that heretofore almost invisible matters of appellate procedure and case handling also allocate the costs of legal transitions. In particular, …
Grand Jury Innovation: Toward A Functional Makeover Of The Ancient Bulwark Of Liberty, Roger A. Fairfax Jr.
Grand Jury Innovation: Toward A Functional Makeover Of The Ancient Bulwark Of Liberty, Roger A. Fairfax Jr.
William & Mary Bill of Rights Journal
No abstract provided.
An Informational Approach To The Mass Imprisonment Problem, Adam M. Gershowitz
An Informational Approach To The Mass Imprisonment Problem, Adam M. Gershowitz
Faculty Publications
The United States is plagued by the problem of mass imprisonment, with its prison population having risen by 500% in the last three decades. Because the overwhelming majority of criminal cases are resolved through plea bargaining, there is room for prosecutors to reduce mass imprisonment by exercising their wide discretion. At present, prosecutors likely do not give much consideration to the overcrowding of America 's jails and prisons when making their plea bargain offers. However, if prosecutors were regularly advised of such overcrowding they might offer marginally lower sentences across the board. For instance, a prosecutor who typically offers a …
Expanding The Arsenal For Sentencing Environmental Crimes: Would Therapeutic Jurisprudence And Restorative Justice Work?, Carrie C. Boyd
Expanding The Arsenal For Sentencing Environmental Crimes: Would Therapeutic Jurisprudence And Restorative Justice Work?, Carrie C. Boyd
William & Mary Environmental Law and Policy Review
No abstract provided.
The Jurisprudence Of Punishment, Kyron Huigens
The Jurisprudence Of Punishment, Kyron Huigens
William & Mary Law Review
No abstract provided.
Let The Jury Do The Waive: How Apprendi V. New Jersey Applies To Juvenile Transfer Proceedings, Daniel M. Vannella
Let The Jury Do The Waive: How Apprendi V. New Jersey Applies To Juvenile Transfer Proceedings, Daniel M. Vannella
William & Mary Law Review
No abstract provided.
Misnamed, Misapplied, And Misguided: Clarifying The State Of Sentencing Entrapment And Proposing A New Conception Of The Doctrine, Jess D. Mekeel
Misnamed, Misapplied, And Misguided: Clarifying The State Of Sentencing Entrapment And Proposing A New Conception Of The Doctrine, Jess D. Mekeel
William & Mary Bill of Rights Journal
No abstract provided.
Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs
Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs
Faculty Publications
International tribunals prosecuting those responsible for genocide, crimes against humanity, and war crimes face many of the same resource constraints that bedevil national criminal justice systems. Consequently, international tribunals have begun to utilize various procedural devices long used by national prosecutors to speed case dispositions. One such procedural device is the guilty plea. National prosecutors induce criminal defendants to plead guilty and waive their rights to trial through a process of plea bargaining; that is, by offering defendants sentencing concessions in exchange for their guilty pleas. International prosecutors who seek to engage in plea bargaining, however, face a host of …
White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas
White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas
William & Mary Law Review
No abstract provided.
The Mandatory Death Penalty In The Commonwealth Caribbean And The Inter-American Human Rights System: An Evolution In The Development And Implementation Of International Human Rights Protections, Brian D. Tittemore
William & Mary Bill of Rights Journal
No abstract provided.
Barking Up The Wrong Tree: The Misplaced Furor Over The Feeney Amendment As A Threat To Judicial Independence, David P. Mason
Barking Up The Wrong Tree: The Misplaced Furor Over The Feeney Amendment As A Threat To Judicial Independence, David P. Mason
William & Mary Law Review
No abstract provided.
Escaping A Rigid Analysis: The Shift To A Fact-Based Approach For Crime Of Violence Inquiries Involving Escape Offenses, Timothy W. Castor
Escaping A Rigid Analysis: The Shift To A Fact-Based Approach For Crime Of Violence Inquiries Involving Escape Offenses, Timothy W. Castor
William & Mary Law Review
No abstract provided.
Should Juvenile Adjudications Count As Prior Convictions For Apprendi Purposes?, Jeremy W. Hochberg
Should Juvenile Adjudications Count As Prior Convictions For Apprendi Purposes?, Jeremy W. Hochberg
William & Mary Law Review
No abstract provided.
International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs
International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs
Faculty Publications
No abstract provided.
Section 1: Lockyer V. Andrade, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Lockyer V. Andrade, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Establishing Uniformity: The Need For A Per Se Rule Against The Grouping Of Money Laundering And Fraud Counts Under The Federal Sentencing Guidelines, Eric C. Tew
William & Mary Law Review
No abstract provided.
Allocution For Victims Of Economic Crimes, Jayne W. Barnard
Allocution For Victims Of Economic Crimes, Jayne W. Barnard
Faculty Publications
No abstract provided.
Waiver Of The Right To Appeal Sentencing In Plea Agreements With The Federal Government, David E. Carney
Waiver Of The Right To Appeal Sentencing In Plea Agreements With The Federal Government, David E. Carney
William & Mary Law Review
No abstract provided.
Aggravating And Mitigating Factors: The Paradox Of Today's Arbitrary And Mandatory Capital Punishment Scheme, Jeffrey L. Kirchmeier
Aggravating And Mitigating Factors: The Paradox Of Today's Arbitrary And Mandatory Capital Punishment Scheme, Jeffrey L. Kirchmeier
William & Mary Bill of Rights Journal
Over twenty years ago, the United States Supreme Court held that both mandatory capital sentencing schemes and total discretionary capital sentencing schemes violate the Eighth Amendment. According to Jeffrey Kirchmeier, the "guided discretion" capital sentencing scheme of sentencing factors that has developed, however, has the constitutional problems of both mandatory death penalties and unlimited discretion death penalties.
Justices Scalia, Blackmun, and Thomas have noted that the mandate of unlimited mitigating circumstances has resulted in an arbitrary system. Kirchmeier argues that today's sentencing scheme is arbitrary also because of undefined aggravating factors, unlimited nonstatutory aggravating factors, and victim impact evidence. According …
Herrera V. Collins: The Gateway Of Innocence For Death-Sentenced Prisoners Leads Nowhere, Vivian Berger
Herrera V. Collins: The Gateway Of Innocence For Death-Sentenced Prisoners Leads Nowhere, Vivian Berger
William & Mary Law Review
No abstract provided.
Procedural Issues Raised By Guidelines Sentencing: The Constitutional Significance Of The "Elements Of The Sentence", Sara Sun Beale
Procedural Issues Raised By Guidelines Sentencing: The Constitutional Significance Of The "Elements Of The Sentence", Sara Sun Beale
William & Mary Law Review
No abstract provided.
The Presentence Interview And The Right To Counsel: A Critical Stage Under The Federal Sentencing Structure, Megan E. Burns
The Presentence Interview And The Right To Counsel: A Critical Stage Under The Federal Sentencing Structure, Megan E. Burns
William & Mary Law Review
No abstract provided.
An End Run Around The Exclusionary Rule: The Use Of Illegally Seized Evidence Under The Federal Sentencing Guidelines, Victor Jay Miller
An End Run Around The Exclusionary Rule: The Use Of Illegally Seized Evidence Under The Federal Sentencing Guidelines, Victor Jay Miller
William & Mary Law Review
No abstract provided.