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Articles 1 - 4 of 4
Full-Text Articles in Law
Omnes Vulnerant, Postuma Necat; All The Hours Wound, The Last One Kills: The Lengthy Stay On Death Row In America, Mary Elizabeth Tongue
Omnes Vulnerant, Postuma Necat; All The Hours Wound, The Last One Kills: The Lengthy Stay On Death Row In America, Mary Elizabeth Tongue
Missouri Law Review
Why inmates spend so long on death row and the accompanying mental ramifications are discussed in Part II. Part III discusses the response of American courts to the lengthy stays of inmates on death row. Next, Part IV discusses the international opinion on America’s lengthy stay on death row, international tribunal holdings on the matter, the philosophical implications of a lengthy stay on death row, and possible solutions. Finally, Part V concludes this Note, finding that abolition of the death penalty is the best solution.
Freeing Morgan Freeman: Expanding Back-End Release Authority In American Prisons, Frank O. Bowman Iii
Freeing Morgan Freeman: Expanding Back-End Release Authority In American Prisons, Frank O. Bowman Iii
Faculty Publications
This article, written for a symposium hosted by the Wake Forest Journal of Law & Policy on “Finality in Sentencing,” makes four arguments, three general and one specific. First, the United States incarcerates too many people for too long, and mechanisms for making prison sentences less “final” will allow the U.S. to make those sentences shorter, thus reducing the prison population surplus. Second, even if one is agnostic about the overall size of the American prison population, it is difficult to deny that least some appreciable fraction of current inmates are serving more time than can reasonably be justified on …
Murder, Meth, Mammon & Moral Values: The Political Landscape Of American Sentencing Reform (In Symposium On White Collar Crime), Frank O. Bowman Iii
Murder, Meth, Mammon & Moral Values: The Political Landscape Of American Sentencing Reform (In Symposium On White Collar Crime), Frank O. Bowman Iii
Faculty Publications
This Article examines the ongoing American experiment in mass incarceration and considers the prospects for meaningful sentencing reform.
Beyond Bandaids: A Proposal For Reconfiguring Federal Sentencing After Booker, Frank O. Bowman Iii
Beyond Bandaids: A Proposal For Reconfiguring Federal Sentencing After Booker, Frank O. Bowman Iii
Faculty Publications
This Article proposes a simplified sentencing table consisting of nine base sentencing ranges, each subdivided into three sub-ranges. The base sentencing range would be determined by combining offense facts found by a jury or admitted in a plea with the defendant's criminal history. A defendant's placement in the sub-ranges would be determined by post-conviction judicial findings of sentencing factors. No upward departures from the base sentencing range would be permissible, but defendants might be sentenced below the low end of the base sentencing range as a result of an acceptance of responsibility credit or due to a downward departure motion. …