Topic
Sentencing
Posts
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CommentaryVol. 91 · Iss. 3
Misconstruing Graham & Miller
In the last three years, the Supreme Court has decreed a sea change in its juvenile Eighth Amendment jurisprudence. In particular, in Graham v.…
Cara H. Drinan -
NoteVol. 91 · Iss. 2
Juvenile Life Without Parole Post- Miller: The Long, Treacherous Road Towards a Categorical Rule
For the better part of a decade, life without the possibility of parole (“LWOP”) has been the United States’ harshest constitutional penalty for juvenile…
Sean Craig -
ArticleVol. 97 · Iss. 2
Technologically Distorted Conceptions of Punishment
Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial—meaning statistical—assessments of a defendant’s recidivism risk in state sentencing…
Jessica M. Eaglin -
NoteVol. 98 · Iss. 5
“Extraordinary and Compelling” Circumstances: Revisiting the Role of Compassionate Release in the Federal Criminal Justice System in the Wake of the First Step Act
This Note considers the constitutional implications and policy concerns arising from the updated compassionate release mechanism. Part I of this Note traces the statutory development of…
Siobhan O'Carroll -
ArticleVol. 98 · Iss. 2
Sex, Causation, and Algorithms: How Equal Protection Prohibits Compounding Prior Injustice
U.S. constitutional law prohibits the use of sex as a proxy for other traits in most instances. For example, the Virginia Military Institute (VMI)…
Deborah Hellman -
NoteVol. 98 · Iss. 1
Justice by Luck: How Unclear Records Force Some Unlucky Prisoners to Serve Unconstitutional Sentences in the Wake of Johnson v. United States
The Armed Career Criminal Act (ACCA) imposes mandatory minimum sentences on individuals convicted of being a felon in possession of a firearm who have…
Nicholas C. Coyle -
ArticleVol. 98 · Iss. 1
Compassionate Homicide
Ample psychological studies demonstrate that emotions provide reasons for action and are powerful drivers of a host of behaviors, including criminal acts. Studies further…
Michal Buchhandler-Raphael -
NoteVol. 89 · Iss. 2
Sex Offenders Are Different: Extending Graham to Categorically Protect the Less Culpable
Phillip Alpert was seventeen years old when his then-sixteen-year-old girlfriend sent him nude photos. A year later at age eighteen, during a breakup, Alpert…
Eric J. Buske -
NoteVol. 89 · Iss. 1
Bringing RICO to the Ring: Can the Anti-Mafia Weapon Target Dogfighters?
Dog Number 118 had no front lips. Her nose was torn and lopsided. Her crooked, broken teeth stood out without protection, constantly exposed to…
Matthew C. Heger