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Penile Polygraphy: The Admissibility Of Penile-Plethysmograph Results At Sentencing In Tennessee, Steven Poland
Penile Polygraphy: The Admissibility Of Penile-Plethysmograph Results At Sentencing In Tennessee, Steven Poland
Vanderbilt Law Review
State judges in Tennessee currently consider the results of penile plethysmograph ("PPG") evaluations when sentencing convicted sex offenders. These highly intrusive physical tests purport to identify whether an offender's arousal is considered "deviant" by measuring the change in penis size after viewing various stimuli. Because the results are usually buried in psychosexual evaluations that are part of general presentence assessments of recidivism risk, PPG evaluations suffer from a lack of standardization and little attention under the rules of evidence. Interestingly, PPG testing is similar to polygraphy in a number of ways, although studies have shown that PPG results are more …
State Criminal Appeals Revealed, Michael Heise, Nancy J. King, Nicole A. Heise
State Criminal Appeals Revealed, Michael Heise, Nancy J. King, Nicole A. Heise
Vanderbilt Law Review
Every state provides appellate review of criminal judgments, yet little research examines which factors correlate with favorable outcomes for defendants who seek appellate relief. To address this scholarly gap, this Article exploits the Survey of Criminal Appeals in State Courts (2010) dataset, recently released by the Bureau of Justice Statistics and the National Center for State Courts (hereinafter, "NCSC Study"). The NCSC Study is the first and only publicly available national dataset on state criminal appeals and includes unprecedented information from every state court in the nation with jurisdiction to review criminal judgments.
Coping With "Loss": A Re-Examination Of Sentencing Federal Economic Crimes Under The Guidelines, Frank O. Bowman, Iii
Coping With "Loss": A Re-Examination Of Sentencing Federal Economic Crimes Under The Guidelines, Frank O. Bowman, Iii
Vanderbilt Law Review
The primary determinant of sentence length for federal economic criminals is the amount of "loss" resulting from an offender's conduct.' The idea of basing sentences for economic crimes primarily on "loss" has become the source of ongoing, complex, and proliferating disputes about what the term "loss" really means and how it should be interpreted in particular cases. The "loss" calculation is one of the most frequently litigated issues in federal sentencing law. There are at present splits of opinion between the federal circuits on at least eleven analytically distinct issues concerning the meaning and application of the "loss" concept. Even …
Recent Cases, Theodore Brown, Jr., Janet R. Necessary
Recent Cases, Theodore Brown, Jr., Janet R. Necessary
Vanderbilt Law Review
Responding to an increase in the number of habeas corpus petitions filed by federal prisoners in the district courts whose jurisdictions included federal prisons,, Congress in 1948 enacted 28 U.S.C. § 2255.1 The statute's purpose is to provide federal prisoners with an expeditious remedy for correcting erroneous sentencing without resort to habeas corpus.' In an effort to restrict the number of evidentiary hearings required, section 2255 provides for denial of petitions in which the motion, files, and records of the case conclusively demonstrate that the prisoner is entitled to no relief." Since approximately two-thirds of all federal criminal prosecutions are …
Imprisonment For Nonpayment Of Fines And Costs: A New Look At The Law And The Constitution, Paul M. Stein
Imprisonment For Nonpayment Of Fines And Costs: A New Look At The Law And The Constitution, Paul M. Stein
Vanderbilt Law Review
This note is based on the premise that a new understanding of the principles of sentencing has evolved during the past half-century. After articulating this thesis, one which has been more fully developed elsewhere, an assessment is made of the extent to which the more modern concepts of sentencing have been embodied in public policy as enunciated in statutes and court decisions, particularly decisions interpreting constitutional requirements. This examination reveals tha the existing rules and practices concerning imprisonment for fines and costs reflect uneasy compromises between competing policies and that these rules and practices are largely holdovers from an earlier …
Appellate Review Of Legal But Excessive Sentences: A Comparative Study, Gerhard O.W. Mueller, Fre Le Poole
Appellate Review Of Legal But Excessive Sentences: A Comparative Study, Gerhard O.W. Mueller, Fre Le Poole
Vanderbilt Law Review
Classical penology was conceived in France in the eighteenth century, and then eclipsed all over the world in the nineteenth, when Lombroso conjured up the picture of the born criminal. It was finally laid to rest in the United States in the twentieth century. Its basic tenet had been simple enough: the legislature in its infinite wisdom would seek and find the appropriate punishment for every crime.This can be accomplished if a crime is defined narrowly enough, perhaps by the creation of subcategories of that crime, so as to encompass all potential perpetrators who will each incur the same amount …
Penology On Appeal: Appellate Review Of Legal But Excessive Sentences, Gerhard O.W. Mueller
Penology On Appeal: Appellate Review Of Legal But Excessive Sentences, Gerhard O.W. Mueller
Vanderbilt Law Review
Mr. Mueller traces the development of the technique of sentence appeals in relation to the evolution of penological theory and examines the practices of representative American jurisdictions in this area. In evaluating the status of the law, the author's reasoned judgment is that too few appellate courts have the power to review excessive sentences, and that even these courts do not exercise their power in terms of functional penology.
The Boards Of Review Of The Armed Services, Roger M. Currier, Irvin M. Kent
The Boards Of Review Of The Armed Services, Roger M. Currier, Irvin M. Kent
Vanderbilt Law Review
To most attorneys not having been directly associated at some time with the Armed Forces of the United States, the words "boards of review" mean little. Perhaps at the outset it would serve to clarify the matter if each attorney, when thinking of "boards of review," would substitute in his mind the words "courts of appeal" as those words are understood in the federal judicial system. The boards of review can be aptly analogized to our federal courts of appeal because for the bulk of serious cases which arise in the Armed Forces, review by a board of review is …