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Full-Text Articles in Law
The 2002 Supreme Court Decisions: Did They Leave Enough Of Apprendi To Effectively Protect Criminal Defendants?, Charlotte Leclercq
The 2002 Supreme Court Decisions: Did They Leave Enough Of Apprendi To Effectively Protect Criminal Defendants?, Charlotte Leclercq
Northern Illinois University Law Review
This comment explores the true impact of the 2000 landmark decision, Apprendi v. New Jersey, in which the United States Supreme Court determined that any fact that increases a criminal defendant's sentence beyond the statutory maximum has to be submitted to a jury and proven beyond a reasonable doubt. At the time, the decision appeared to be a triumph for the procedural due process rights of defendants. However the opinion of the majority, as well as those of the concurrence and dissents, left the actual effect of the decision subject to considerable debate among courts and commentators. In 2002 the …
Atkins V. Virginia: The Court's Failure To Recognize What Lies Beneath, Jaime L. Henshaw
Atkins V. Virginia: The Court's Failure To Recognize What Lies Beneath, Jaime L. Henshaw
University of Richmond Law Review
No abstract provided.
The Prosecutor's Dilemma: Bargains And Punishments, Russell L. Christopher
The Prosecutor's Dilemma: Bargains And Punishments, Russell L. Christopher
Fordham Law Review
No abstract provided.
Fee At Last? Work Release Participation Fees And The Takings Clause, Sara Feldschreiber
Fee At Last? Work Release Participation Fees And The Takings Clause, Sara Feldschreiber
Fordham Law Review
No abstract provided.
Starting Over With A Clean Slate: In Praise Of A Forgotten Section Of The Model Penal Code, Margaret Colgate Love
Starting Over With A Clean Slate: In Praise Of A Forgotten Section Of The Model Penal Code, Margaret Colgate Love
Fordham Urban Law Journal
Convicted felons have no realistic hope of full reintegration into society when jurisdictions do not provide for eventual removal of collateral penalties and when relief mechanisms are insufficient or ineffective. Because Americans are uncomfortable with such an unforgiving system and states are considering the economic burdens of such a system, jurisdictions should take steps to limit the scope and duration of these collateral consequences. This Article proposes a legal framework aimed to fully reintegrate an offender into society post incarceration. It urges a return to the reforms of the 1960s and 70s, the ABA Standards on Collateral Sanctions, and Section …