All Articles tagged Sentencing

• General
  November 02, 2022 EDT
  LEGAL FICTION: READING LOLITA AS A SENTENCING MEMORANDUM
  Christina M. Frohock

  Using the example of Lolita, the Article explains how we can read Nabokov’s novel as a prolonged sentencing memorandum.

• General
  January 01, 2018 EDT
  SILENCE AND REMORSELESSNESS
  Caleb J. Fountain

  This article takes the position that the self-incrimination clause of the Fifth Amendment prohibits an inference that defendant’s silence at sentencing is evidence of the defendant’s remorselessness.

• Justice Commentaries
  December 17, 2016 EDT
  A NEARLY PERFECT SYSTEM FOR CONVICTING THE INNOCENT
  Albert W. Alschuler

  This essay argues that plea bargaining plainly makes it advantageous for innocent defendants with good prospects of acquittal to plead guilty.

• General
  March 23, 2015 EDT
  FIRST-TIME OFFENDER, PRODUCTIVE OFFENDER, OFFENDER WITH DEPENDENTS: WHY THE PROFILE OF OFFENDERS (SOMETIMES) MATTERS IN SENTENCING
  Mirko BagaricTheo Alexander

  This article analyzes the relevance that an offender’s profile should have in sentencing.

• Justice Commentaries
  October 16, 2014 EDT
  THE FEDERAL SENTENCING GUIDELINES AND THE PURSUIT OF FAIR AND JUST SENTENCES
  Anjelica CappellinoJohn Meringolo

  This article analyzes the questions surrounding the post-Booker Guidelines from the perspective of the criminal defense attorney, with particular emphasis on the Guidelines‘ relationship to mandatory minimum drug laws.

• State Constitutional Commentary
  August 08, 2010 EDT
  RESENTENCING AFTER THE FALL OF ROCKEFELLER: THE FAILURE OF THE DRUG LAW REFORM ACTS OF 2004 AND 2005 TO REMEDY THE INJUSTICES OF NEW YORK‘S ROCKEFELLER DRUG LAWS AND THE COMPROMISE OF 2009
  Peter A. Mancuso

  This comment describes the legislative compromise that resulted in the DLRA of 2009 and assesses the likely effects of the recent revisions.