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Full-Text Articles in Law
Law And Behavioral Biology, Owen D. Jones, Timothy H. Goldsmith
Law And Behavioral Biology, Owen D. Jones, Timothy H. Goldsmith
Vanderbilt Law School Faculty Publications
Society uses law to encourage people to behave differently than they would behave in the absence of law. This fundamental purpose makes law highly dependent on sound understandings of the multiple causes of human behavior. The better those understandings, the better law can achieve social goals with legal tools. In this Article, Professors Jones and Goldsmith argue that many long held understandings about where behavior comes from are rapidly obsolescing as a consequence of developments in the various fields constituting behavioral biology. By helping to refine law's understandings of behavior's causes, they argue, behavioral biology can help to improve law's …
Appeal Waivers And The Future Of Sentencing Policy, Nancy J. King, Michael E. O'Neill
Appeal Waivers And The Future Of Sentencing Policy, Nancy J. King, Michael E. O'Neill
Vanderbilt Law School Faculty Publications
This paper is the first empirical analysis of appeal waivers clauses in plea agreements by which defendants waive their rights to appellate and postconviction review. Based on interviews and an analysis of data coded from 971 randomly selected cases sentenced under the United States Sentencing Guidelines, the study's findings include (1) in nearly two-thirds of the cases settled by plea agreement, the defendants waived their rights to review; (2) the frequency of waiver varies substantially among the circuits, and among districts within circuits; (3) the government appears to provide some sentencing concessions more frequently to defendants who sign waivers than …