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Full-Text Articles in Law
A First Step Back In Time?, Blake Jacobs
A First Step Back In Time?, Blake Jacobs
West Virginia Law Review
This Note discusses the implications of the United States Supreme Court’s holding in Concepcion v. United States, which left open whether district courts must reanalyze the 18 U.S.C.A. § 3553(a) factors when ruling on a motion to reduce a defendant’s sentence under the First Step Act. The decision settled a dispute between the First, Fifth, Ninth, and Eleventh Circuits, which did not require sentencing courts to consider intervening factual or legal developments; and the Second, Third, Fourth, Sixth, Seventh, Eighth, Tenth, and D.C. Circuits which did. However, the Supreme Court’s decision only obligates a district court to consider intervening …
Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy
Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy
West Virginia Law Review
No abstract provided.
Disquisition On The Need For A New Model For Criminal Sanctioning Systems, M. Kay Harris
Disquisition On The Need For A New Model For Criminal Sanctioning Systems, M. Kay Harris
West Virginia Law Review
The time is ripe for a major restructuring of our criminal sanctioning systems. Pressures for change are arising from many sources. As crime rates continue to rise and public fear of crime grows apace, thoughtful persons from many walks of life are more strongly articulating the need to find a different method of dealing with those convicted of violating the criminal law. The criminal prosecutions and dispositions arising from Watergate and related cases have brought many of the issues of unequal justice into the thoughts of American citizens. Proposals for criminal and penal code revision await action in legislatures throughout …
Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco
Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco
West Virginia Law Review
No abstract provided.