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Articles 1 - 4 of 4
Full-Text Articles in Law
Constitutionalizing Immigration Law: The Vital Role Of Judicial Discretion In The Removal Of Lawful Permanent Residents, Maritza I. Reyes
Constitutionalizing Immigration Law: The Vital Role Of Judicial Discretion In The Removal Of Lawful Permanent Residents, Maritza I. Reyes
Journal Publications
For decades, scholars and advocates criticized the harsh, mandatory nature of the Federal Sentencing Guidelines. They argued that federal district court judges should have discretion to authorize a punishment that fits the facts and circumstances of the crime and the defendant. Similarly, immigration scholars and advocates criticize the harsh laws that categorically remove lawful permanent residents, even after minor crimes, from the United States. In 2005, in United States v. Booker, the Supreme Court "constitutionalized" the Sentencing Guidelines by rendering them advisory, and returning judicial discretion to federal judges. This Article argues that the similar constitutional, historical, theoretical, societal, and …
'Tis A Gift To Be Simple: A Model Reform Of The Federal Sentencing Guidelines, Frank O. Bowman Iii
'Tis A Gift To Be Simple: A Model Reform Of The Federal Sentencing Guidelines, Frank O. Bowman Iii
Faculty Publications
This essay introducing the June 2006 edition of the Federal Sentencing Reporter (Vol. 18, No. 5) describes two important contributions to the movement for real reform of the federal sentencing system. First, Professor Bowman summarizes the recommendations of the Constitution Project Sentencing Initiative (CPSI) report on federal sentencing. The CPSI report, reproduced in this Issue, cautions against any over-hasty legislative response to the Supreme Court's decision in United States v. Booker, suggests some near-term improvements to the existing federal sentencing system, and then sets out a framework for a reformed and markedly simplified federal sentencing regime. Second, Professor Bowman describes …
Preventing Internal Exile: The Need For Restrictions On Collateral Sentencing Consequences, Nora V. Demleitner
Preventing Internal Exile: The Need For Restrictions On Collateral Sentencing Consequences, Nora V. Demleitner
Scholarly Articles
None available.
Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith
Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith
St. Mary's Law Journal
Nearly without exception, modern legislatures have responded to the reprehensible nature and detrimental social effects of hate crime by enacting laws specifically designed to punish the offender’s discriminatory animus. The term “hate crime” describes criminal conduct which is motivated by the offender’s bias or prejudice against another cognizable group. Although the reprehensible nature of a hate crime is often apparent from the facts of any given case, the repercussions of these offenses exceed the ignoble character of any one specific act. Texas has now joined the ranks of these jurisdictions by adopting legal provisions which authorize heightened penalties upon a …