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Full-Text Articles in Law
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.
Felony Jury Sentencing In Practice: A Three-State Study, Nancy J. King, Rosevelt L. Noble
Felony Jury Sentencing In Practice: A Three-State Study, Nancy J. King, Rosevelt L. Noble
Vanderbilt Law School Faculty Publications
Jury sentencing in non-capital cases is one of the least understood procedures in contemporary American criminal justice. This Article looks beyond idealized visions of jury sentencing to examine for the first time how felony jury sentencing actually operates in three different states - Kentucky, Virginia, and Arkansas. Dozens of interviews with prosecutors, defenders, and judges, as well as an analysis of state sentencing data, reveal that this neglected corner of state criminal justice provides a unique window through which one can observe some of the most fundamental forces operating in criminal adjudication today. It turns out that jury sentencing in …
Beyond Blakely, Nancy J. King, Susan Riva Klein
Beyond Blakely, Nancy J. King, Susan Riva Klein
Vanderbilt Law School Faculty Publications
Federal criminal sentencing in the wake of Blakely v. Washington is, to put it charitably, a mess. In holding that Blakely's sentence under the Washington State Sentencing Guidelines was imposed in a manner inconsistent with the Sixth Amendment right to a jury trial, the decision threatens the operation of the Federal Sentencing Guidelines and the presumptive sentencing systems in fourteen states. In Parts I and II of this article, we address how Blakely has affected the Federal Sentencing Guidelines, and how assistant U.S. attorneys, federal public defenders, and district and appellate court judges might proceed in a post-Blakely world. In …