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Articles 1 - 11 of 11

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The Model Federal Sentencing Guidelines Project: Departures, Model Sentencing Guidelines §5.1, Frank O. Bowman Iii Jul 2006

The Model Federal Sentencing Guidelines Project: Departures, Model Sentencing Guidelines §5.1, Frank O. Bowman Iii

Faculty Publications

This Article is the twelfth of twelve parts of a set of Model Federal Sentencing Guidelines designed to illustrate the feasibility and advantages of a simplified approach to federal sentencing proposed by the Constitution Project Sentencing Initiative. The Model Sentencing Guidelines and the Constitution Project report are all to be published in Volume 18, Number 5 of the Federal Sentencing Reporter. The project is described in an essay titled 'Tis a Gift To Be Simple: A Model Reform of the Federal Sentencing Guidelines, available on SSRN at http://ssrn.com/abstract=927929. This segment of the project contains rules governing ...


'Tis A Gift To Be Simple: A Model Reform Of The Federal Sentencing Guidelines, Frank O. Bowman Iii Jul 2006

'Tis A Gift To Be Simple: A Model Reform Of The Federal Sentencing Guidelines, Frank O. Bowman Iii

Faculty Publications

This essay introducing the June 2006 edition of the Federal Sentencing Reporter (Vol. 18, No. 5) describes two important contributions to the movement for real reform of the federal sentencing system. First, Professor Bowman summarizes the recommendations of the Constitution Project Sentencing Initiative (CPSI) report on federal sentencing. The CPSI report, reproduced in this Issue, cautions against any over-hasty legislative response to the Supreme Court's decision in United States v. Booker, suggests some near-term improvements to the existing federal sentencing system, and then sets out a framework for a reformed and markedly simplified federal sentencing regime. Second, Professor Bowman ...


An Inestimable Safeguard Gives Way To Practicality: Eliminating The Juror Who ""Refuses To Deliberate" Under Federal Rule Of Criminal Procedure 23(B)(3), Jeffrey Bellin Apr 2006

An Inestimable Safeguard Gives Way To Practicality: Eliminating The Juror Who ""Refuses To Deliberate" Under Federal Rule Of Criminal Procedure 23(B)(3), Jeffrey Bellin

Faculty Publications

No abstract provided.


The Crisis In Indigent Defense: A National Perspective, Mary Sue Backus, Paul Marcus Jan 2006

The Crisis In Indigent Defense: A National Perspective, Mary Sue Backus, Paul Marcus

Faculty Publications

No abstract provided.


Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs Jan 2006

Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs

Faculty Publications

International tribunals prosecuting those responsible for genocide, crimes against humanity, and war crimes face many of the same resource constraints that bedevil national criminal justice systems. Consequently, international tribunals have begun to utilize various procedural devices long used by national prosecutors to speed case dispositions. One such procedural device is the guilty plea. National prosecutors induce criminal defendants to plead guilty and waive their rights to trial through a process of plea bargaining; that is, by offering defendants sentencing concessions in exchange for their guilty pleas. International prosecutors who seek to engage in plea bargaining, however, face a host of ...


The Model Federal Sentencing Guidelines Project: A Simplified Sentencing Grid, Model Sentencing Guidelines §1.1, Frank O. Bowman Iii Jan 2006

The Model Federal Sentencing Guidelines Project: A Simplified Sentencing Grid, Model Sentencing Guidelines §1.1, Frank O. Bowman Iii

Faculty Publications

This Article is the first of twelve parts of a set of Model Federal Sentencing Guidelines designed to illustrate the feasibility and advantages of a simplified approach to federal sentencing proposed by the Constitution Project Sentencing Initiative. The Model Sentencing Guidelines and the Constitution Project report are all to be published in Volume 18, Number 5 of the Federal Sentencing Reporter. The project is described in an essay titled "'Tis a Gift to be Simple: A Model Reform of the Federal Sentencing Guidelines", available on SSRN at http://ssrn.com/abstract=927929.


Convicting The Innocent: Aberration Or Systemic Problem?, Rodney J. Uphoff Jan 2006

Convicting The Innocent: Aberration Or Systemic Problem?, Rodney J. Uphoff

Faculty Publications

In practice, the right to adequate defense counsel in the United States is disturbingly unequal. Only some American criminal defendants actually receive the effective assistance of counsel. Although some indigent defendants are afforded zealous, effective representation, many indigent defendants and almost all of the working poor are not. The quality of representation a defendant receives generally is a product of fortuity, of economic status, and of the jurisdiction in which he or she is charged. For many defendants, the assistance of counsel means little more than counsel's help in facilitating a guilty plea. With luck, money, and location primarily ...


The Model Federal Sentencing Guidelines Project: Sentencing Factors Applicable To All Offense Types, Model Sentencing Guidelines §3.1 - 3.6, Frank O. Bowman Iii Jan 2006

The Model Federal Sentencing Guidelines Project: Sentencing Factors Applicable To All Offense Types, Model Sentencing Guidelines §3.1 - 3.6, Frank O. Bowman Iii

Faculty Publications

This Article is the ninth of twelve parts of a set of Model Federal Sentencing Guidelines designed to illustrate the feasibility and advantages of a simplified approach to federal sentencing proposed by the Constitution Project Sentencing Initiative. The Model Sentencing Guidelines and the Constitution Project report are all to be published in Volume 18, Number 5 of the Federal Sentencing Reporter. The project is described in an essay titled 'Tis a Gift To Be Simple: A Model Reform of the Federal Sentencing Guidelines.


The Model Federal Sentencing Guidelines Project: A Simplified Economic Crimes Guideline, Model Sentencing Guidelines §2b1.1, Frank O. Bowman Iii Jan 2006

The Model Federal Sentencing Guidelines Project: A Simplified Economic Crimes Guideline, Model Sentencing Guidelines §2b1.1, Frank O. Bowman Iii

Faculty Publications

This Article is the third of twelve parts of a set of Model Federal Sentencing Guidelines designed to illustrate the feasibility and advantages of a simplified approach to federal sentencing proposed by the Constitution Project Sentencing Initiative. The Model Sentencing Guidelines and the Constitution Project report are all to be published in Volume 18, Number 5 of the Federal Sentencing Reporter. The project is described in an essay titled 'Tis a Gift To Be Simple: A Model Reform of the Federal Sentencing Guidelines, available on SSRN at http://ssrn.com/abstract=927929.


The Model Federal Sentencing Guidelines Project: Determining The Sentencing Range And The Sentence Within Range, Model Sentencing Guidelines §1.2 - 1.8 , Frank O. Bowman Iii Jan 2006

The Model Federal Sentencing Guidelines Project: Determining The Sentencing Range And The Sentence Within Range, Model Sentencing Guidelines §1.2 - 1.8 , Frank O. Bowman Iii

Faculty Publications

This Article is the second of twelve parts of a set of Model Federal Sentencing Guidelines designed to illustrate the feasibility and advantages of a simplified approach to federal sentencing proposed by the Constitution Project Sentencing Initiative. The Model Sentencing Guidelines and the Constitution Project report are all to be published in Volume 18, Number 5 of the Federal Sentencing Reporter. The project is described in an essay titled 'Tis a Gift To Be Simple: A Model Reform of the Federal Sentencing Guidelines, available on SSRN at http://ssrn.com/abstract=927929.


The Year Of Jubilee Or Maybe Not: Some Preliminary Observations About The Operation Of The Federal Sentencing System After Booker, Frank O. Bowman Iii Jan 2006

The Year Of Jubilee Or Maybe Not: Some Preliminary Observations About The Operation Of The Federal Sentencing System After Booker, Frank O. Bowman Iii

Faculty Publications

This segment of the project contains the offense seriousness portion of the simplified sentencing table employed in the Model Sentencing Guidelines. The Article also contains drafter's commentary explaining the offense seriousness scale of the table, how it interacts with other portions of the Model Guidelines, and the policy choices behind the simplified table.