Topic
Sentencing
Posts
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ArticleVol. 104 · Iss. 1
Fiscally Restraining Criminal Lawmaking
Lawmakers face strong political incentives to criminalize ever more conduct and punish it more harshly, even when adding a new crime or increasing sentence…
Russell M. Gold & Leah Nelson -
CommentaryVol. 104 · Iss. 1
Beyond the Prison Wall: Refundable Fines as an Alternative to Incarceration
In this Commentary, we introduce the refundable fine, a novel mechanism designed to rehabilitate low- to mid-level first-time offenders and to improve the criminal…
Gideon Parchomovsky & Alex Stein -
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