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Articles 241 - 270 of 274
Full-Text Articles in Criminal Procedure
The Scope Of Criminal Restitution: Awarding Unliquidated Damages In Sentencing Hearings, Bradford Mank
The Scope Of Criminal Restitution: Awarding Unliquidated Damages In Sentencing Hearings, Bradford Mank
Faculty Articles and Other Publications
During the past several years a variety of victim groups have forced the criminal justice system to pay more attention to the restitution needs of victims! Criminal courts, however, are still limited in the types of restitution they may award. Typically, sentencing judges can award restitution for the whole range of liquidated damages including the value of stolen or destroyed property, medical expenses, and lost past wages. In most jurisdictions, however, criminal courts cannot award restitution for unliquidated damages involving compensation for pain and suffering, or for lost future earning capacity. Crime victims must initiate a civil suit at their …
Using The Fair Sentencing Act To Protect The Criminal Defendant, Valerie B. Spalding
Using The Fair Sentencing Act To Protect The Criminal Defendant, Valerie B. Spalding
Campbell Law Review
This Survey provides a guide to defense attorneys who must deal with the statutory aggravating and mitigating factors set out in the Fair Sentencing Act. The Survey reviews the major cases handed down by the North Carolina Supreme Court since the Act was passed. It then concentrates on all cases from the appellate courts from August 1981 through August 1986, with a view to analyzing each aggravating and mitigating factor. The Survey seeks to show what factors are most likely to result in a remand for resentencing on appeal, and what elements each factor should contain for a successful appeal.
Black Innocence And The White Jury, Sheri Johnson
Black Innocence And The White Jury, Sheri Johnson
Cornell Law Faculty Publications
Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …
Recent Trends In American Criminal Sentencing Theory, Andrew Von Hirsch
Recent Trends In American Criminal Sentencing Theory, Andrew Von Hirsch
Maryland Law Review
No abstract provided.
Sentencing In England , D. A. Thomas
Sentencing In West Germany , Thomas Weigend
The Three Faces Of Double Jeopardy: Reflections On Government Appeals Of Criminal Sentences, Peter K. Westen
The Three Faces Of Double Jeopardy: Reflections On Government Appeals Of Criminal Sentences, Peter K. Westen
Michigan Law Review
Every now and then a case ·comes along that tests the fundamental premises of a body of law. United States v. DiFrancesco presents such a test to the law of double jeopardy, raising the question whether the government may unilaterally appeal a defendant's criminal sentence for the purpose of increasing the sentence. The question cannot be answered by facile reference to the text of the fifth amendment, because the terms of the double jeopardy clause are not self-defining. Nor can it be settled by reference to history, because the issue has not arisen with any frequency until now.
Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy
Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy
West Virginia Law Review
No abstract provided.
Sentencing, The Dilemma Of Discretion, Jerold H. Israel
Sentencing, The Dilemma Of Discretion, Jerold H. Israel
Book Chapters
[The following excerpts are taken from Professor Jerold Israel's revision of the late Hazel B. Kerper's Introduction to the Criminal Justice System ( West Publishing Co. 1979), with permission of the author and publisher. Footnotes have been omitted.] As we have seen, judges usually have substantial discretion in sentencing. Most states give them considerable leeway in choosing between probation and imprisonment, in setting the term of imprisonment under either an indeterminate or determinate sentencing structure, in deciding whether a young offender will be given the special benefits of a youthful offender statute, and in determining whether to impose consecutive or …
Land Without Plea Bargaining: How The Germans Do It, John H. Langbein
Land Without Plea Bargaining: How The Germans Do It, John H. Langbein
Michigan Law Review
The present Article demonstrates the error of this universalist theory of plea bargaining by showing how and why one major legal system, the West German, has so successfully avoided any form or analogue of plea bargaining in its procedures for cases of serious crime. The German criminal justice system functions without plea bargaining not by good fortune, but as a result of deliberate policies and careful institutional design whose essential elements are outlined in Part I. Part II addresses the American claims that a clandestine plea bargaining system lurks behind veils of German pretense.
The United States Sentencing Commission: A Constitutional Delegation Of Congressional Power, William C. Potter Ii
The United States Sentencing Commission: A Constitutional Delegation Of Congressional Power, William C. Potter Ii
Indiana Law Journal
No abstract provided.
Privacy And The Presentence Report, William P. Mclauchlan
Privacy And The Presentence Report, William P. Mclauchlan
Indiana Law Journal
No abstract provided.
An Equitable Treatment Of Unauthorized Prosecutorial Promises Of Immunity, Sherry Perkins Bartley
An Equitable Treatment Of Unauthorized Prosecutorial Promises Of Immunity, Sherry Perkins Bartley
University of Arkansas at Little Rock Law Review
No abstract provided.
Sentencing In Indiana: Appellate Review Of The Trial Court's Discretion, John Eric Smithburn
Sentencing In Indiana: Appellate Review Of The Trial Court's Discretion, John Eric Smithburn
Journal Articles
Two significant developments, legislative and judicial, have taken place in Indiana criminal law in recent months which may offer an effective response to the problem of unguided discretionary sentencing. The Indiana Penal Code has been revised to require that the trial court, before sentencing a convicted felon, conduct a separate hearing for the purpose of determining the appropriate sentence and to make a record of the hearing which must include a statement of the court's reasons for selecting the sentence imposed. The General Assembly has also provided specific directives which the trial court must consider in determining a proper sentence …
Bell V. Ohio, Lewis F. Powell Jr.
Towards Principled Sentencing, Norval Morris
Towards Principled Sentencing, Norval Morris
Maryland Law Review
No abstract provided.
Recent Cases, Theodore Brown, Jr., Janet R. Necessary
Recent Cases, Theodore Brown, Jr., Janet R. Necessary
Vanderbilt Law Review
Responding to an increase in the number of habeas corpus petitions filed by federal prisoners in the district courts whose jurisdictions included federal prisons,, Congress in 1948 enacted 28 U.S.C. § 2255.1 The statute's purpose is to provide federal prisoners with an expeditious remedy for correcting erroneous sentencing without resort to habeas corpus.' In an effort to restrict the number of evidentiary hearings required, section 2255 provides for denial of petitions in which the motion, files, and records of the case conclusively demonstrate that the prisoner is entitled to no relief." Since approximately two-thirds of all federal criminal prosecutions are …
Plea Bargaining, Decision Theory, And Equilibrium Models: Part Ii, Stuart S. Nagel, Marian Neef
Plea Bargaining, Decision Theory, And Equilibrium Models: Part Ii, Stuart S. Nagel, Marian Neef
Indiana Law Journal
No abstract provided.
Woodson V. North Carolina, Lewis F. Powell Jr.
Woodson V. North Carolina, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco
Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco
West Virginia Law Review
No abstract provided.
Disquisition On The Need For A New Model For Criminal Sanctioning Systems, M. Kay Harris
Disquisition On The Need For A New Model For Criminal Sanctioning Systems, M. Kay Harris
West Virginia Law Review
The time is ripe for a major restructuring of our criminal sanctioning systems. Pressures for change are arising from many sources. As crime rates continue to rise and public fear of crime grows apace, thoughtful persons from many walks of life are more strongly articulating the need to find a different method of dealing with those convicted of violating the criminal law. The criminal prosecutions and dispositions arising from Watergate and related cases have brought many of the issues of unequal justice into the thoughts of American citizens. Proposals for criminal and penal code revision await action in legislatures throughout …
Mullaney V. Wilbur, Lewis F. Powell Jr.
Mullaney V. Wilbur, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Some Legislative History And Comments On Ohio's New Criminal Code , Harry J. Lehman, Alan E. Norris
Some Legislative History And Comments On Ohio's New Criminal Code , Harry J. Lehman, Alan E. Norris
Cleveland State Law Review
Having briefly outlined the history of the formal development of the Act, it is the purpose of this Article to discuss in narrative form the legislative process on certain key provisions which were the subject of much debate and disagreement. These areas of disagreement include murder and felony penalties, especially minimum sentences; capital punishment to conform to the U.S. Supreme Court's Furman decision as well as other changes; parole eligibility for those serving life sentences for a capital offense; early release on parole, also known as shock parole; eligibility for probation; definition of reasonable doubt and jury instructions on reasonable …
Discretion In Felony Sentencing—A Study Of Influencing Factors, Barbara L. Johnston, Nicholas P. Miller, Ronald Schoenberg, Laurence Ross Weatherly
Discretion In Felony Sentencing—A Study Of Influencing Factors, Barbara L. Johnston, Nicholas P. Miller, Ronald Schoenberg, Laurence Ross Weatherly
Washington Law Review
The desirability and constitutionality of discretionary criminal sentencing can be ascertained only if the factors influencing sentencing decisions are known. The authors analyze data generated by a 1971 survey of Washington State superior court trial judges in order to identify the significant factors and to evaluate their relative importance in criminal sentencing. The results indicate that discretionary sentencing is influenced strongly by social biases in no way dependent upon the culpability of the offender, his personal behavior patterns, or circumstances of the crime.
Sentencing: The Use Of Psychiatric Information And Presentence Reports, Rutheford B. Campbell Jr.
Sentencing: The Use Of Psychiatric Information And Presentence Reports, Rutheford B. Campbell Jr.
Kentucky Law Journal
No abstract provided.
Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher
Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher
Faculty Scholarship
The purpose of this article is to set out, in summary fashion, the law concerning juvenile offenders in Ethiopia. Our focus will be on procedural rather than substantive aspects-insofar as it is possible to separate the two-and particularly upon the enforcement of constitutional guarantees in the process.
Imprisonment For Nonpayment Of Fines And Costs: A New Look At The Law And The Constitution, Paul M. Stein
Imprisonment For Nonpayment Of Fines And Costs: A New Look At The Law And The Constitution, Paul M. Stein
Vanderbilt Law Review
This note is based on the premise that a new understanding of the principles of sentencing has evolved during the past half-century. After articulating this thesis, one which has been more fully developed elsewhere, an assessment is made of the extent to which the more modern concepts of sentencing have been embodied in public policy as enunciated in statutes and court decisions, particularly decisions interpreting constitutional requirements. This examination reveals tha the existing rules and practices concerning imprisonment for fines and costs reflect uneasy compromises between competing policies and that these rules and practices are largely holdovers from an earlier …
Sentencing: The Good, The Bad And The Enlightened, Rutheford B. Campbell Jr., Bill Cunningham
Sentencing: The Good, The Bad And The Enlightened, Rutheford B. Campbell Jr., Bill Cunningham
Kentucky Law Journal
No abstract provided.
Criminal Procedure--Constitutional Limitations On Imposition Of More Severe Sentence After Conviction Upon Retrial, W. Stokes Harris Jr.
Criminal Procedure--Constitutional Limitations On Imposition Of More Severe Sentence After Conviction Upon Retrial, W. Stokes Harris Jr.
Kentucky Law Journal
No abstract provided.