Topic
Sentencing
Posts
-
ArticleVol. 102 · Iss. 4
A World Without Federal Sentencing Guidelines
Most participants and observers of the criminal system perceive the Federal Sentencing Guidelines as excessively harsh. A foundational question has persisted since the creation…
Sam J. Merchant -
ArticleVol. 102 · Iss. 1
Criminal Recordkeeping
Business managers must create and keep records for decision-making. Yet doing so presents an obvious problem for those who manage illegal businesses: their records…
Andrew K. Jennings -
ArticleVol. 101 · Iss. 6
Minimalist Criminal Courts
Many penal abolitionists hold that criminal courts have been complicit in mass incarceration and essential to an irredeemably unjust and discriminatory system. As abolitionist…
Yoav Sapir & Guy Rubinstein -
ArticleVol. 101 · Iss. 6
Reviving Rehabilitation as a Decarceral Tool
After advocates argued that circumstances attendant to late adolescent offenders make them less culpable for their offenses and better disposed to rehabilitation, the Massachusetts…
Aliza Hochman Bloom -
CommentaryVol. 99 · Iss. 4
Sentencing Co-Offenders
ABSTRACT Tort law and criminal law are the two main vehicles utilized by the state to deter wrongful behavior. Despite the many similarities between…
Ehud Guttel, Ittai Paldor & Gideon Parchomovsky -
NoteVol. 88 · Iss. 4
Shake and Bake: The Meth Threat and the Need to Rethink 21 U.S.C. § 841(C)(2)
21 U.S.C. § 841(c)(2) (the “pseudoephedrine statute”) imposes a prison term of up to twenty years for any person who “distributes a listed chemical…
Raphael S. Nemes -
ArticleVol. 88 · Iss. 4
Cooperation’s Cost
This Article explores the costs and benefits of criminal cooperation, the widespread practice by which prosecutors offer criminal defendants the opportunity to receive reduced…
Miriam Hechler Baer -
ArticleVol. 88 · Iss. 4
Disentangling Child Pornography from Child Sex Abuse
Recent years have seen a significant increase in the criminal penalties associated with possession of child pornography. The new severity appears to be premised…
Carissa Byrne Hessick -
NoteVol. 88 · Iss. 2
Kimbrough, Spears, and Categorical Rejection: The Latest Additions to the Family of Federal Sentencing Policy Cases
In the past three decades, the federal sentencing system has been in a state of flux. At the core of the debate, and at…
Sophia A. Vandergrif -
ArticleVol. 95 · Iss. 4
Income-Dependent Punitive Damages
Punitive damages are sums awarded to tort victims over and above their compensable harm. Despite their relative rarity, they have been very salient in…
Ronen Perry & Elena Kantorowicz -
CommentaryVol. 96 · Iss. 3
Algorithmic Risk Assessments and the Double-Edged Sword of Youth
Risk assessment algorithms—statistical formulas that predict the likelihood a person will commit crime in the future—are used across the country to help make life-altering…
Megan T. Stevenson & Christopher Slobogin -
NoteVol. 92 · Iss. 5
The Inbetweeners: Standardizing Juvenileness and Recognizing Emerging Adulthood for Sentencing Purposes After Miller
In June 2012, the United States Supreme Court decided Miller v. Alabama, marking significant progress in the Court’s Eighth Amendment jurisprudence regarding juvenile offenders.…
Kevin J. Holt