Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 3 of 3
Full-Text Articles in Law
Mandatory Minimum Penalties: An Analysis Of Four State’S Penal Codes And Federal Court Policies, Cassie Geiken
Mandatory Minimum Penalties: An Analysis Of Four State’S Penal Codes And Federal Court Policies, Cassie Geiken
Honors Theses
In Nebraska, variations of bills attempting to amend mandatory minimum laws in the state have been introduced. The harshness of the mandatory sentences, as well as the looming state of emergency caused by prison overcrowding, have sustained the debate over sentencing laws. This essay identifies the core issues of mandatory minimum sentencing laws and analyzes the states of Nebraska, Texas, Alabama, California, and the federal system’s use of mandatory minimums for felony charges to identify potential solutions. Statute review found that Nebraska’s current sentencing codes are misaligned with the rest of the nation; not even Alabama with one of the …
Rational Criminal Addictions, Manuel A. Utset
Rational Criminal Addictions, Manuel A. Utset
Scholarly Publications
No abstract provided.
Recidivism As Omission: A Relational Account , Youngjae Lee
Recidivism As Omission: A Relational Account , Youngjae Lee
Faculty Scholarship
Are repeat offenders more culpable than first-time offenders? In the United States, the most important determinant of punishment for a crime, other than the seriousness of the crime itself, is the offender's criminal history. Despite the popularity of the view that repeat offenders deserve to be treated more harshly than first-time offenders, there is no satisfactory retributivist account of the "recidivist premium." This Article advances a retributivist defense of the recidivist premium and proposes that the recidivist premium be thought of as punishment not, as sometimes suggested, for a defiant attitude or a bad character trait, but as punishment for …