Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2004

Selected Works

Steven L. Chanenson

Articles 1 - 4 of 4

Full-Text Articles in Law

The Next Era Of Sentencing Reform, Steven L. Chanenson Sep 2004

The Next Era Of Sentencing Reform, Steven L. Chanenson

Steven L. Chanenson

This article charts a path for criminal sentencing in the wake of the Supreme Court’s recent bombshell decision in Blakely v. Washington. Blakely has thrust sentencing systems across the country into turmoil. But Justice O’Connor was fundamentally wrong when, in her Blakely dissent, she exclaimed that “Over 20 years of sentencing reform are all but lost.” All is most assuredly not lost. Blakely, properly viewed, is an opportunity – albeit a disruptive one – to re-think and improve our sentencing systems.
The Blakely court interpreted the Sixth Amendment to require that any fact, other than the fact of prior conviction, …

Go to article

Hoist With Their Own Petard?, Steven Chanenson Aug 2004

Hoist With Their Own Petard?, Steven Chanenson

Steven L. Chanenson

In 2003, Congress and the Department of Justice tried to increase their control over the United States Sentencing Commission and federal sentencing generally. Congress appeared to have achieved this goal when it passed the Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003 (“PROTECT Act”), which resulted in reduced grounds for downward departures, Congressionally-revised text of the Federal Sentencing Guidelines, and a constrained Sentencing Commission potentially devoid of judges. Yet pro-government interpretations of the PROTECT Act may have been premature because the Supreme Court has now struck down parts of Washington State’s legislatively-enacted sentencing guidelines in …

Go to article

In Pennsylvania, The Sentencing Remains The Same, Steven Chanenson, Frank Dermody May 2004

In Pennsylvania, The Sentencing Remains The Same, Steven Chanenson, Frank Dermody

Steven L. Chanenson

No abstract provided.

Go to article

Get The Facts, Jack! Empirical Research And The Changing Constitutional Landscape Of Consent Searches, Steven L. Chanenson Dec 2003

Get The Facts, Jack! Empirical Research And The Changing Constitutional Landscape Of Consent Searches, Steven L. Chanenson

Steven L. Chanenson

No abstract provided.

Go to article