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Full-Text Articles in Law

A First Step Towards Sentencing Reform, Jeffrey Bellin Aug 2018

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 Mar 2017

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 Jan 2016

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 Jan 2012

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 Jun 2011

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 Jan 2011

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. Dec 2010

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 Apr 2008

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 Feb 2008

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 Apr 2007

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 Nov 2006

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 Apr 2006

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 Jan 2006

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 Dec 2005

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 Dec 2004

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 Nov 2004

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 Oct 2004

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 Feb 2004

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 Jan 2003

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 Sep 2002

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 Mar 2001

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 Jan 2001

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 Mar 1999

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 Mar 1998

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 Mar 1994

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 Oct 1993

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 Feb 1993

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 Oct 1992

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.