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Full-Text Articles in Law
Seeking Inconsistency: Advancing Pluralism In International Criminal Sentencing, Nancy Amoury Combs
Seeking Inconsistency: Advancing Pluralism In International Criminal Sentencing, Nancy Amoury Combs
Nancy Combs
No abstract provided.
Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs
Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs
Nancy Combs
International tribunals prosecuting those responsible for genocide, crimes against humanity, and war crimes face many of the same resource constraints that bedevil national criminal justice systems. Consequently, international tribunals have begun to utilize various procedural devices long used by national prosecutors to speed case dispositions. One such procedural device is the guilty plea. National prosecutors induce criminal defendants to plead guilty and waive their rights to trial through a process of plea bargaining; that is, by offering defendants sentencing concessions in exchange for their guilty pleas. International prosecutors who seek to engage in plea bargaining, however, face a host of …
International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs
International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs
Nancy Combs
No abstract provided.
A First Step Towards Sentencing Reform, Jeffrey Bellin
A First Step Towards Sentencing Reform, Jeffrey Bellin
Jeffrey Bellin
No abstract provided.
Is Texas Tough On Crime But Soft On Criminal Procedure?, Adam M. Gershowitz
Is Texas Tough On Crime But Soft On Criminal Procedure?, Adam M. Gershowitz
Adam M. Gershowitz
Although Texas is well known for imposing tough punishments on convicted defendants, it is surprisingly generous in affording criminal procedure protections. In a variety of areas, including search and seizure rules, confession requirements, the availability of bail, prosecutorial discovery obligations, and jury trial guarantees, Texas affords protections vastly in excess of what is required by the United States Constitution. Even more shocking, these criminal procedure guarantees come almost entirely from Texas statutes approved by the legislature, not activist rules imposed by judges. This Article explores Texas's reputation as a tough-on-crime state and the seeming inconsistency between Texas being tough on …
An Informational Approach To The Mass Imprisonment Problem, Adam M. Gershowitz
An Informational Approach To The Mass Imprisonment Problem, Adam M. Gershowitz
Adam M. Gershowitz
The United States is plagued by the problem of mass imprisonment, with its prison population having risen by 500% in the last three decades. Because the overwhelming majority of criminal cases are resolved through plea bargaining, there is room for prosecutors to reduce mass imprisonment by exercising their wide discretion. At present, prosecutors likely do not give much consideration to the overcrowding of America 's jails and prisons when making their plea bargain offers. However, if prosecutors were regularly advised of such overcrowding they might offer marginally lower sentences across the board. For instance, a prosecutor who typically offers a …
Particularism, Telishment, And Three Strikes Laws, Michael S. Green
Particularism, Telishment, And Three Strikes Laws, Michael S. Green
Michael S. Green
No abstract provided.
Deciding When To Decide: How Appellate Procedure Distributes The Costs Of Legal Change, Aaron-Andrew P. Bruhl
Deciding When To Decide: How Appellate Procedure Distributes The Costs Of Legal Change, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
Legal change is a fact of life, and the need to deal with it has spawned a number of complicated bodies of doctrine. Some aspects of the problem of legal change have been studied extensively, such as doctrines concerning the retroactivity of new law and the question whether inferior courts can anticipatorily overrule a moribund superior court precedent. How such questions are answered affects the size and the distribution of the costs of legal change. Less appreciated is the way that heretofore almost invisible matters of appellate procedure and case handling also allocate the costs of legal transitions. In particular, …