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Full-Text Articles in Law
Proportional Response: The Need For More—And More Standardized—Veterans’ Courts, Claudia Arno
Proportional Response: The Need For More—And More Standardized—Veterans’ Courts, Claudia Arno
University of Michigan Journal of Law Reform
Over the past two decades, judges and legislators in a number of states have recognized significant shortcomings in the ways traditional systems of criminal corrections address cases involving criminal offenders who are veterans of the U.S. armed services. This recognition has come at a time when policy-makers have similarly recognized that, for certain subsets of criminal offenders, “diversionary” programs may achieve better policy results than will traditional criminal punishment. In accordance with these dual recognitions, some states have implemented systems of veterans’ courts, in which certain offenders, who are also U.S. veterans, are diverted into programs that provide monitoring, training, …
Sentence Creep: Increasing Penalties In Michigan And The Need For Sentencing Reform, Anne Yantus
Sentence Creep: Increasing Penalties In Michigan And The Need For Sentencing Reform, Anne Yantus
University of Michigan Journal of Law Reform
The governor and several legislators have requested review of Michigan’s sentencing practices with an eye toward sentence reform. Michigan leads the country in the average length of prison stay, and by internal comparisons the average minimum sentence has nearly doubled in the last decade. This Article explores cumulative increases to criminal penalties over the last several decades as reflected in amendments to the sentencing guidelines, increased maximum sentences, harsh mandatory minimum terms, increased authority for consecutive sentencing, wide sentencing discretion for habitual and repeat drug offenders, and tough parole practices and policies. The reality for legislators is that it is …
Remedying Wrongful Execution, Meghan J. Ryan
Remedying Wrongful Execution, Meghan J. Ryan
University of Michigan Journal of Law Reform
The first legal determination of wrongful execution in the United States may very well be in the making in Texas. One of the state's district courts is in the midst of investigating whether Cameron Todd Willingham, who was executed in 2004, was actually innocent. The court's investigation has been interrupted by objections from Texas prosecutors, but if the court proceeds, this may very well become a bona fide case of wrongful execution. Texas, just like other jurisdictions, is ill equipped to provide any relief for such an egregious wrong, however. This Article identifies the difficulties that the heirs, families, and …