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Portioning Punishment: Constitutional Limits on Successive and Excessive Penalties
(University of Pennsylvania Law Review, 1995)
There has been a remarkable increase during the last decade in the imposition of overlapping civil, administrative, and criminal sanctions for the same misconduct,' as well as a steady rise in the severity of those sanctions.2 ...
Silencing Nullification Advocacy Inside the Jury Room and Outside the Courtroom
(University of Chicago Law Review, 1998)
Jurors in criminal cases occasionally "nullify" the law by acquitting defendants who they believe are guilty according to the instructions given to them in court. American juries have exercised this unreviewable nullification ...
The Origins of Felony Jury Sentencing in the United States
(Chicago-Kent Law Review, 2003)
All of the states admitted to the Union by 1800 eventually abandoned capital punishment for most felonies in favor of discretionary terms of imprisonment. But of these states, only Virginia, Kentucky, and Georgia adopted ...
Non-Capital Habeas Cases After Appellate Review: An Empirical Analysis
(Federal Sentencing Reporter, 2012)
n 2007, researchers from the National Center for State Courts and Vanderbilt University Law School reported the findings from a study of litigation in 2384 randomly selected, non-capital habeas cases, approximately 6.5% ...
Postconviction Review of Jury Discrimination: Measuring the Effects of Juror Race on Jury Decisions
(Michigan Law Review, 1993)
As the Court has expanded its definition of jury selection techniques that violate constitutional standards, it has narrowed the circumstances that entitle defendants to postconviction relief. These two developments are ...
Rethinking the Federal Role in State Criminal Justice
(New York University Law Review, 2009)
This Essay argues that federal habeas review of state criminal cases squanders resources the federal government should be using to help states reform their systems of defense representation. A 2007 empirical study reveals ...
"Apprendi" and Plea Bargaining
(Stanford Law Review, 2001)
Before "Apprendi", prosecutors using recidivism as a club could, and did, regularly insist that defendants admit aggravating facts as part of the plea or face additional time. When the prosecutor's threats of added time ...
Right Problem; Wrong Solution
(California Law Review Circuit, 2010-08)
In Boumediene v. Bush, the Supreme Court, in a powerful and eloquent majority opinion by Justice Anthony Kennedy, vindicated the right of a non-U.S. citizen, held in custody at a military base outside the United States, ...
"Batson" for the Bench? Regulating the Peremptory Challenge of Judges
(Chicago-Kent Law Review, 1998)
The choice of whether to adopt or preserve judicial peremptories should not turn on the resolution of one issue. The risk that such challenges will be used to discriminate between judges on the basis of race must be ...
Essential Elements
(Vanderbilt Law Review, 2001)
The Court has struggled for well over a century with the issue of who has final authority to define what is a "crime" for purposes of applying procedural protections guaranteed by the Constitution in criminal cases. Just ...