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Full-Text Articles in Law
Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020, Michael M. Bowden
Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey
Life of the Law School (1993- )
No abstract provided.
“Don’T Move”: Redefining “Physical Restraint” In Light Of A United States Circuit Court Divide, Julia Knitter
“Don’T Move”: Redefining “Physical Restraint” In Light Of A United States Circuit Court Divide, Julia Knitter
Seattle University Law Review
To reduce sentencing disparities and clarify the application of the sentencing guide to the physical restraint enhancement for a robbery conviction, this Comment argues that the United States Sentencing Commission (USSC) must amend the USSC Guidelines Manual to provide federal courts with a clearer and more concise definition of physical restraint. Additionally, although there are many state-level sentencing systems throughout the United States, this Comment only focuses on the federal sentencing guidelines for robbery because of the disparate way in which these guidelines are applied from circuit to circuit.
Criminal Law In Crisis, Benjamin Levin
Criminal Law In Crisis, Benjamin Levin
University of Colorado Law Review Forum
In this Essay, I offer a brief account of how the COVID-19 pandemic lays bare the realities and structural flaws of the carceral state. I provide two primary examples or illustrations, but they are not meant to serve as an exhaustive list. Rather, by highlighting these issues, problems, or (perhaps) features, I mean to suggest that this moment of crisis should serve not just as an opportunity to marshal resources to address the pandemic, but also as a chance to address the harsh realities of the U.S. criminal system. Further, my claim isn’t that criminal law is in some way …
One Step Forward, One Step Back: Emergency Reform And Appellate Sentence Review In Maine, Amy K. Tchao
One Step Forward, One Step Back: Emergency Reform And Appellate Sentence Review In Maine, Amy K. Tchao
Maine Law Review
Perhaps in no other area of the law is a trial court's power greater than when it is given the task of criminal sentencing. Historically and traditionally, the trial court judge has been given the widest latitude of discretion in determining a proper sentence once a criminal defendant has been found guilty. Indeed, the task of sentencing has been deemed a matter of discretion rather than a question of law. As a result, trial judges historically have not articulated reasons for the sentences that they impose. However, with very few standards or criteria to measure the appropriateness of their decisions, …
The Federal Sentencing Guidelines: A Guideline To Remedy Ohio's Sentencing Disparities For White-Collar Criminal Defendants, Joelle Livorse
The Federal Sentencing Guidelines: A Guideline To Remedy Ohio's Sentencing Disparities For White-Collar Criminal Defendants, Joelle Livorse
Cleveland State Law Review
Over the past few decades, white-collar crimes have significantly increased across the country, especially in Ohio. However, Ohio’s judges are ill-equipped to handle the influx of cases. Unlike federal judges who are guided by the U.S. Sentencing Commission’s Federal Sentencing Guidelines, Ohio’s judges have significantly more sentencing discretion because the Ohio legislature provides minimal guidance for these crimes. As a result, Ohio’s white-collar criminal defendants are experiencing dramatic sentencing variations. To solve this problem, Ohio should look to the Federal Sentencing Guidelines and neighboring states to adopt and create an innovative sentencing model tailored to white-collar crime. Unlike the federal …
Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard
Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard
Marquette Law Review
The Sex Offender Registration and Notification Act (SORNA) is in place to protect the public, children especially, from sex offenders. Under SORNA, anyone and everyone convicted of what the law defines as a “sex offense” is required to register as a “sex offender,” providing accurate and up-to-date information on where they live, work, and go to school. Failure to do so constitutes a federal crime punishable by up to ten years imprisonment. But how do federal courts determine whether a particular state-level criminal offense constitutes a “sex offense” under SORNA? Oftentimes when doing comparisons between state and federal law for …
Reimagining The Death Penalty: Targeting Christians, Conservatives, Spearit
Reimagining The Death Penalty: Targeting Christians, Conservatives, Spearit
Articles
This Article is an interdisciplinary response to an entrenched legal and cultural problem. It incorporates legal analysis, religious study and the anthropological notion of “culture work” to consider death penalty abolitionism and prospects for abolishing the death penalty in the United States. The Article argues that abolitionists must reimagine their audiences and repackage their message for broader social consumption, particularly for Christian and conservative audiences. Even though abolitionists are characterized by some as “bleeding heart” liberals, this is not an accurate portrayal of how the death penalty maps across the political spectrum. Abolitionists must learn that conservatives are potential allies …