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Full-Text Articles in Law

Appellate Review Of Sentences: Reconsidering Difference, Michael M. O'Hear May 2010

Appellate Review Of Sentences: Reconsidering Difference, Michael M. O'Hear

William & Mary Law Review

American appellate courts have long resisted calls that they play a more robust role in the sentencing process, insisting that they must defer to what they characterize as the superior sentencing competence of trial judges. This position is unfortunate insofar as rigorous appellate review might advance uniformity and other rule-of-law values that are threatened by broad trial court discretion. This Article thus provides the first systematic critique of the appellate courts’ standard justifications for deferring to trial court sentencing decisions. For instance, these justifications are shown to be based on premises that are inconsistent with empirical research on cognition and …


Controversial Gvrs And The "Degradation" Of The Gvr, Aaron-Andrew P. Bruhl Feb 2010

Controversial Gvrs And The "Degradation" Of The Gvr, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


When Is Finality . . . Final?, Aaron-Andrew P. Bruhl Feb 2010

When Is Finality . . . Final?, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl Feb 2010

Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.