Law Commons^™

Schiro V. Farley: If At First You Don't Succeed, Trial And Trial Again; The Demise Of The Double Jeopardy Clause Within The Context Of Capital Punishment, Patrick L. Edgerton

Northern Illinois University Law Review

This note examines the United States Supreme Court decision allowing a trial judge in the sentencing phase to use as an aggravating circumstance to impose the death penalty, an element of which the jury was silent in the guilt or innocence phase. The author contends that the majority's application of the Double Jeopardy Clause, including the doctrines of collateral estoppel amid implied acquittal, was not only erroneous but also inconsistent in light of the Court's prior holdings treating capital cases as two trials: (1) guilt or innocence phase; and (2) sentencing phase. Focusing on the "trial-like" nature of the sentencing …

Sentencing Criminals: The Constitutionality Of Victim Impact Statements, Carrie L. Mulholland

Missouri Law Review

Most jurisdictions around the country permit juries to consider victim impact statements, statements taken from the family of a victim of violent crime relating to the family's loss, during the sentencing phase of criminal trials. In 1994, the Missouri Supreme Court followed this trend in State v. Wise by approving the use of victim impact statements, and allowing the statements to be presented to the jury at the sentencing stage of a capital punishment trial. Despite the constitutionality of the introduction of a victim's family's statements, the statements have been severely criticized for: (1) rendering the sentencing of a criminal …

Putting Women First, Mary Coombs

Michigan Law Review

A Review of Gender, Crime, and Punishment by Kathleen Daly

The Tenth Circuit: Playing By The Rules, Keith M. Harrison

Law Faculty Scholarship

[Excerpt] "In 1994, the Tenth Circuit published more than four dozen opinions construing the guidelines and joined the majority of circuits in adopting the "One- Book" rule. The Court continued to refrain from interfering with the exercise of discretion by district judges, but made clear that it does not give district courts carte blanche.

Four issues in decisions covered in this review are the retroactive application of amendments to the guidelines; the standards used in characterizing a defendant as a major or minor player for purposes of increasing or decreasing the sentence; the impact of post-arrest efforts at rehabilitation on …

Organizational Ethos And Corporate Criminal Liability, Henry J. Amoroso

Campbell Law Review

The quintessential principal of corporate governance is that the corporation's business should be conducted in order to enhance corporate profit and shareholder gain. Traditionally, corporations have been required to act within the boundaries established by the law and have been permitted to take into account ethical considerations that are reasonably regarded as appropriate for the conduct of the business. Professor Amoroso canvasses the case law and literature addressing the standard of corporate criminal liability and hypothesizes that the recently enacted Chapter Eight of the Federal Sentencing Guidelines will ensure that organizationale thics will assume a more significant role in the …

The Age Of Criminal Responsibility In An Era Of Violence: Has Great Britain Set A New International Standard?, Stephanie J. Millet

Vanderbilt Journal of Transnational Law

With the alarming rise of juvenile crime and violence during the past decade, policymakers across the international community have struggled to develop effective juvenile criminal justice systems apart from the existing systems tailored to adults. The wide variations in methods and philosophies utilized in different states indicate that there is no consensus on the proper treatment of young offenders. Using the recent Bulger case as a focus, this Note examines two competing paradigms of juvenile justice found within the British juvenile justice system, with particular emphasis on the age of criminal responsibility. After discussing recent developments in Great Britain's juvenile …

The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross

Articles

On Feb. 17, 1992, Jeffrey Dahmer was sentenced to fifteen consecutive terms of life imprisonment for killing and dismembering fifteen young men and boys. Dahmer had been arrested six months earlier, on July 22, 1991. On Jan. 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on Jan. 30. The jury heard two weeks of horrifying testimony about murder, mutilation and necrophilia; they deliberated for five hours before finding that Dahmer was sane when he committed thos crimes. After …

Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein

Touro Law Review

No abstract provided.