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White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas Feb 2005

White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas

Faculty Scholarship at Penn Law

This symposium essay speculates about how Booker's loosening of the Federal Sentencing Guidelines is likely to affect white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will keep white-collar sentencing from growing as harsh as drug sentencing, but the parallels are nonetheless ominous. The essay suggests that the Sentencing Commission revise its loss-computation rules, calibrate white-collar sentences to their core purpose of expressing condemnation, and adding shaming punishments and apologies to give moderate prison sentences more bite.


Illinois V. Lidster: Continuing To Carve Out Constitutional Vehicle Checkpoints, Jessica E. Nickelsberg Jan 2005

Illinois V. Lidster: Continuing To Carve Out Constitutional Vehicle Checkpoints, Jessica E. Nickelsberg

Journal of Criminal Law and Criminology

No abstract provided.


Illinois Death Penalty Reform: How It Happened, What It Promises, Rob Warden Jan 2005

Illinois Death Penalty Reform: How It Happened, What It Promises, Rob Warden

Journal of Criminal Law and Criminology

No abstract provided.


More Than Zero: Accounting For Error In Latent Fingerprint Identification, Simon A. Cole Jan 2005

More Than Zero: Accounting For Error In Latent Fingerprint Identification, Simon A. Cole

Journal of Criminal Law and Criminology

No abstract provided.


Juvenile Diversion: Results Of A Three Year Experimental Study, Steven Patrick, Robert Marsh Jan 2005

Juvenile Diversion: Results Of A Three Year Experimental Study, Steven Patrick, Robert Marsh

Sociology Faculty Publications and Presentations

In a three year longitudinal study of first time juvenile status offenders assigned at random to three treatment groups and a control group, no significant differences were found in recidivism rates among the groups. A total of 398 juveniles in this study were cited for offenses of tobacco or alcohol in a medium-sized metropolitan northwest city. The offenders were assigned at random to four groups: a traditional magistrate court, a traditional Youth Court diversion program, a new non-judicial diversion program and a control group. None of the groups including the control group showed a significant difference in recidivism rates. It ...


Book Review Jan 2005

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


All Or Nothing: The Supreme Court Answers The Question What's In A Name, Robert Nederhood Jan 2005

All Or Nothing: The Supreme Court Answers The Question What's In A Name, Robert Nederhood

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall Jan 2005

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.


Missouri V. Seibert: Two-Stepping Towards The Apocalypse, Stewart J. Weiss Jan 2005

Missouri V. Seibert: Two-Stepping Towards The Apocalypse, Stewart J. Weiss

Journal of Criminal Law and Criminology

No abstract provided.


Dretke V. Haley And The Still Unknown Limits Of The Actual Innocence Exception, Eric Seinsheimer Jan 2005

Dretke V. Haley And The Still Unknown Limits Of The Actual Innocence Exception, Eric Seinsheimer

Journal of Criminal Law and Criminology

No abstract provided.


Erratum Jan 2005

Erratum

Journal of Criminal Law and Criminology

No abstract provided.


From William Henry Furman To Anthony Porter: The Changing Face Of The Death Penalty Debate, Bradley R. Hall Jan 2005

From William Henry Furman To Anthony Porter: The Changing Face Of The Death Penalty Debate, Bradley R. Hall

Journal of Criminal Law and Criminology

No abstract provided.


Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann Jan 2005

Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann

Journal of Criminal Law and Criminology

No abstract provided.


The Decline Of The Juvenile Death Penalty: Scientific Evidence Of Evolving Norms, Jeffrey Fagan, Valerie West Jan 2005

The Decline Of The Juvenile Death Penalty: Scientific Evidence Of Evolving Norms, Jeffrey Fagan, Valerie West

Journal of Criminal Law and Criminology

No abstract provided.


The Seduction Of Innocence: The Attraction And Limitations Of The Focus On Innocence In Capital Punishment Law And Advocacy, Carol S. Steiker, Jordan M. Steiker Jan 2005

The Seduction Of Innocence: The Attraction And Limitations Of The Focus On Innocence In Capital Punishment Law And Advocacy, Carol S. Steiker, Jordan M. Steiker

Journal of Criminal Law and Criminology

No abstract provided.


Hamdi V. Rumsfeld: Judicious Balancing At The Intersection Of The Executive's Power To Detain And The Citizen-Detainee's Right To Due Process, James B. Anderson Jan 2005

Hamdi V. Rumsfeld: Judicious Balancing At The Intersection Of The Executive's Power To Detain And The Citizen-Detainee's Right To Due Process, James B. Anderson

Journal of Criminal Law and Criminology

No abstract provided.


A Walk In The Constitutional Orchard: Distinguishing Fruits Of Fifth Amendment Right To Counsel From Sixth Amendment Right To Counsel In Fellers V. United States, Justin Bishop Grewell Jan 2005

A Walk In The Constitutional Orchard: Distinguishing Fruits Of Fifth Amendment Right To Counsel From Sixth Amendment Right To Counsel In Fellers V. United States, Justin Bishop Grewell

Journal of Criminal Law and Criminology

No abstract provided.


Everything Old Is New Again: Justice Scalia's Activist Originalism In Schriro V. Summerlin, Marc E. Johnson Jan 2005

Everything Old Is New Again: Justice Scalia's Activist Originalism In Schriro V. Summerlin, Marc E. Johnson

Journal of Criminal Law and Criminology

No abstract provided.


A Minor Exception: The Impact Of Lawrence V. Texas On Lgbt Youth, Joseph J. Wardenski Jan 2005

A Minor Exception: The Impact Of Lawrence V. Texas On Lgbt Youth, Joseph J. Wardenski

Journal of Criminal Law and Criminology

No abstract provided.


Further Reflections On The Guillotine, Ronald J. Allen, Amy Shavell Jan 2005

Further Reflections On The Guillotine, Ronald J. Allen, Amy Shavell

Journal of Criminal Law and Criminology

No abstract provided.


The Myth Of Innocence, Joshua Marquis Jan 2005

The Myth Of Innocence, Joshua Marquis

Journal of Criminal Law and Criminology

No abstract provided.


Electronic Recording Of Custodial Interrogations: Everybody Wins, Thomas P. Sullivan Jan 2005

Electronic Recording Of Custodial Interrogations: Everybody Wins, Thomas P. Sullivan

Journal of Criminal Law and Criminology

No abstract provided.


A Tribute To Bard R. Ferrall Jan 2005

A Tribute To Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2005

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Defense Witness As Accomplice: Should The Trial Judge Give A Care And Caution Instruction, Clifford S. Fishman Jan 2005

Defense Witness As Accomplice: Should The Trial Judge Give A Care And Caution Instruction, Clifford S. Fishman

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Law And Criminology: A Survey Of Recent Books, Peter Neumer Jan 2005

Criminal Law And Criminology: A Survey Of Recent Books, Peter Neumer

Journal of Criminal Law and Criminology

No abstract provided.


Responsibility For Unintended Consequences, Claire Oakes Finkelstein Jan 2005

Responsibility For Unintended Consequences, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

The appropriateness of imposing criminal liability for negligent conduct has been the subject of debate among criminal law scholars for many years. Ever since H.L.A. Hart’s defense of criminal negligence, the prevailing view has favored its use. In this essay, I nevertheless argue against criminal negligence, on the ground that criminal liability should only be imposed where the defendant was aware he was engaging in the prohibited conduct, or where he was aware of risking such conduct or result. My argument relies on the claim that criminal liability should resemble judgments of responsibility in ordinary morality as ...


Reducing Private Violence Against Women In Public Housing: Can Second Generation Cpted Make A Difference?, Walter S. Dekeseredy, Alvi Shahid, Claire M. Renzetti, Martin D. Schwartz Jan 2005

Reducing Private Violence Against Women In Public Housing: Can Second Generation Cpted Make A Difference?, Walter S. Dekeseredy, Alvi Shahid, Claire M. Renzetti, Martin D. Schwartz

CRVAW Faculty Journal Articles

No abstract provided.


Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kristen Jacoby, Daniel J. Matheson, Nicholas Montgomery Jan 2005

Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kristen Jacoby, Daniel J. Matheson, Nicholas Montgomery

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall Jan 2005

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.