Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Alleyne On The Ground: Factfinding That Limits Eligibility For Probation Or Parole Release, Nancy J. King, Brynn E. Applebaum
Alleyne On The Ground: Factfinding That Limits Eligibility For Probation Or Parole Release, Nancy J. King, Brynn E. Applebaum
Vanderbilt Law School Faculty Publications
This article addresses the impact of Alleyne v. United States on statutes that restrict an offender’s eligibility for release on parole or probation. Alleyne is the latest of several Supreme Court decisions applying the rule announced in the Court’s 2000 ruling, Apprendi v. New Jersey. To apply Alleyne, courts must for the first time determine what constitutes a minimum sentence and when that minimum is mandatory. These questions have proven particularly challenging in states that authorize indeterminate sentences, when statutes that delay the timing of eligibility for release are keyed to judicial findings at sentencing. The same questions also arise, …
Tort Claims And Canadian Prisoners, Adelina Iftene, Lynne Hanson, Allan Manson
Tort Claims And Canadian Prisoners, Adelina Iftene, Lynne Hanson, Allan Manson
Articles, Book Chapters, & Popular Press
Prisoners can be tragically wronged by the prison system, as highlighted by the recent Ashley Smith case. Tort actions have proven to be a problematic form of recourse for them. Negligence claims made by prisoners face many obstacles at every stage of the analysis: the duty of care, standard and breach, and causation. The authors offer an overview of tort litigation coming out of Canadian prison with a focus on health care based negligence claims, risks arising from other prisoners and the risk of self-harm. They find that these cases are unevenly resolved when the plaintiff is a prisoner. The …