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Now showing items 21-30 of 34
Alleyne on the Ground: Factfinding that Limits Eligibility for Probation or Parole Release
(Federal Sentencing Reporter, 2014)
This article addresses the impact of Alleyne v. United States on statutes that restrict an offender’s eligibility for release on parole or probation. Alleyne is the latest of several Supreme Court decisions applying the ...
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 ...
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 ...
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, ...
Judicial Oversight of Negotiated Sentences in a World of Bargained Punishment
(Stanford Law Review, 2005)
Prosecutors control statutory ranges by selecting charges. In addition, prosecutors decide whether to use or forego special sentencing statutes that carry mandatory minimum penalties higher than the maximum Guidelines ...
How Different is Death? Jury Sentencing in Capital and Non-Capital Cases Compared
(Ohio State Journal of Criminal Law, 2004)
Drawing upon a recent study of felony jury sentencing in Kentucky, Virginia, and Arkansas, this essay highlights some of the similarities and differences between jury sentencing in capital cases and jury sentencing in ...
Priceless Process: NonNegotiable Features of Criminal Litigation
(UCLA Law Review, 1999)
In this Article, Professor Nancy King develops an approach for determining when judges should block the efforts of criminal litigants to bypass constitutional and statutory requirements other than those already traded ...
Post Padilla: Padilla's Puzzles for Review in State and Federal Courts
(Federal Sentencing Reporter, 2011)
This article addresses questions that may face courts as defendants seek relief under the Court’s decision in Padilla v. Kentucky, which held that counsel’s failure to adequately inform the defendant of the deportation ...
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 ...
The American Criminal Jury
(Law and Contemporary Problems, 1999)
As juries become both less common and more expensive, some have questioned the wisdom of preserving the criminal jury in its present form. The benefits of the jury are difficult to quantify, but jury verdicts continue to ...