Open Access. Powered by Scholars. Published by Universities.®
- File Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences, Frank O. Bowman Iii, Michael Heise
Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences, Frank O. Bowman Iii, Michael Heise
Michael Heise
This is the first of two articles, the second of which will appear in January 2002 edition of the Iowa Law Review, in which we seek an explanation for the little-noticed and hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations has been declining steadily since 1991-92. According to figures maintained by the Administrative Office of the United States Courts, in the eight years between 1991 and 1999, the average federal drug sentence decreased from 95.7 months to 75.2 months, a drop of 22%, or nearly two years, per defendant. United States …
Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level, Frank O. Bowman, Michael Heise
Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level, Frank O. Bowman, Michael Heise
Michael Heise
This is the second of two articles in which we seek an explanation for the hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations declined by more than 15% between 1991-92 and 2000. Our first article, Quiet Rebellion? Explaining Nearly a Decade of Declining Federal Drug Sentences, 86 Iowa Law Review 1043 (May 2001) ( "Rebellion I" ), examined national sentencing data in an effort to determine whether the decline in federal drug sentences is real (rather than a statistical anomaly), and to identify and analyze possible causes of the decline. We …
Is Conviction Irrelevant?, Elizabeth T. Lear
Is Conviction Irrelevant?, Elizabeth T. Lear
Elizabeth T Lear
Since 1986, the country has been witness to a revolution in federal sentencing practice: indeterminate sentencing, dominated by discretion and focused on the rehabilitative prospects of the offender, has been replaced by guidelines infused with offense-based considerations. As sweeping as the change in sentencing procedure has been, the system retains troubling aspects of the former regime. The most controversial among these is the Guidelines' reliance on unadjudicated conduct to determine proper punishment levels. This approach is a variation on “real offense” sentencing, which severs the punishment inquiry from the offense of conviction, focusing instead on an offender's "actual" conduct. Under …
Sense And Sensibility In Mandatory Minimum Sentencing, Erik Luna, Paul Cassell
Sense And Sensibility In Mandatory Minimum Sentencing, Erik Luna, Paul Cassell
Erik Luna
Not available.
""Your Honor, May I Have That In Writing?" -- Law And Policy Supporting Vacatur For Violation Of The Federal Sentencing Written Order Requirement, Judy A. Clausen Professor
""Your Honor, May I Have That In Writing?" -- Law And Policy Supporting Vacatur For Violation Of The Federal Sentencing Written Order Requirement, Judy A. Clausen Professor
Judy A. Clausen Professor
A disturbing trend has emerged in our federal courts. District judges are ignoring the statutory mandate to identify in the written order imposing a sentence the specific reason for deviating from the range recommended by the Federal Sentencing Guidelines. Rather than vacating these out-of-range sentences based on the clear statutory violations, appellate courts are affirming the sentences despite the fact that the sentences are imposed in violation of law. This article proposes a solution to this problem.