1-20 of 250 Search Results for

jurisprudence

Follow your search
Access your saved searches in your account

Would you like to receive an alert when new items match your search?
Close Modal
Sort by
Journal Articles
Federal Sentencing Reporter. 2011; 234278–279 doi: https://doi.org/10.1525/fsr.2011.23.4.278
Published: 01 April 2011
... reserved. Please direct requests for permission to photocopy or reproduce article content through the University of California Press s Rights and Permissions website, httpwww.ucpressjournals.com/reprintInfo.asp. DOI: 10.1525/fsr.2011.23.4.278. The Relevance of Therapeutic Jurisprudence and Its Literature...
Journal Articles
Federal Sentencing Reporter. 2009; 22117–38 doi: https://doi.org/10.1525/fsr.2009.22.1.17
Published: 01 October 2009
.... DOI: 10.1525/fsr.2009.22.1.17. Therapeutic Jurisprudence, Legal Landscapes, and Form Reform: The Case of Diversion DaviD B. WexLeR* THERAPEUTIC JURISPRUDENCE, LEGAL LANDSCAPES, AND FORM REFORM: THE CASE OF DIVERSION David B. Wexler! At the University of Puerto Rico School of Law (UPR) in the fall term...
Journal Articles
Federal Sentencing Reporter. 2006; 183174–181 doi: https://doi.org/10.1525/fsr.2006.18.3.174
Published: 01 February 2006
.... §§3553(b)(1) and 3742(e) to render the Guidelines effectively advisory. The implications of Booker s landmark remedial hold- ing, for purposes of federal sentencing jurisprudence, are both far-reaching and farsighted; Booker empowers federal courts with greater discretionary authority to impose indi...
Journal Articles
Federal Sentencing Reporter. 2005; 174263–268 doi: https://doi.org/10.1525/fsr.2005.17.4.263
Published: 01 April 2005
... most important, especially where the defendant is a corporation or other legal organization, which cannot, of course, be incarcerated. The recent Sixth Amendment jurisprudence that culmi- nated in Booker will have an effect on the determination of a fine, just as it affects length of incarceration, and...
Journal Articles
Federal Sentencing Reporter. 1996; 9119–22 doi: https://doi.org/10.2307/20639943
Published: 01 July 1996
..., 1244-45, 1996 WL 571175 (9th Cir. 1996) Federal Sentencing Reporter: Vol. 9, No. 1, July / August 1996 -FRANK O. BOWMAN, III PLACES IN THE HEARTLAND: DEPARTURE JURISPRUDENCE AFTER KOON Frank O. Bowman, HI* There are two things upon which I suspect most observers will agree following the decision in...
Journal Articles
Federal Sentencing Reporter. 2012; 244245–259 doi: https://doi.org/10.1525/fsr.2012.24.4.245
Published: 01 April 2012
...Sharon Dolovich The imperative of judicial deference is arguably the primary driver of the Supreme Court's prisoners' rights jurisprudence. Yet taken as a body, the cases in this area reveal no principled basis for determining when deference is justified, what forms it may legitimately take, or the...
Journal Articles
Federal Sentencing Reporter. 2020; 323181–183 doi: https://doi.org/10.1525/fsr.2020.32.3.181
Published: 01 February 2020
... Court, we have a somewhat surprising, and still largely incomplete, sentencing jurisprudence that calls, sometimes, for applying some constitutional rules to some sentencing decision making. The Court s work in Sixth Amendment cases like Apprendi v. New Jersey and Blakey v. Washington, and in Eighth...
Journal Articles
Federal Sentencing Reporter. 2019; 3211–2 doi: https://doi.org/10.1525/fsr.2019.32.1.1
Published: 01 October 2019
... rulings that leave much in doubt about what comes next. But perhaps unpredictability in this arena should itself be predictable. Even when the Court s membership has been stable for extended periods, criminal justice jurisprudence has often moved in fits and starts; it would be strange to expect the...
Journal Articles
Federal Sentencing Reporter. 2019; 3213–7 doi: https://doi.org/10.1525/fsr.2019.32.1.3
Published: 01 October 2019
... adjudicate claims under the Clause, which could well have an impact on state and federal excessive fines jurisprudence.23 Although the Indiana Constitution contains an Excessive Fines Clause,24 counsel in Timbs raised only a federal Eighth Amendment Excessive Fines Clause claim.25 The common tendency to...
Journal Articles
Federal Sentencing Reporter. 2019; 3218–14 doi: https://doi.org/10.1525/fsr.2019.32.1.8
Published: 01 October 2019
... framework to determine what excessive means for fines and forfeiture without ultimately being forced to do the same in the context of imprisonment. State courts do not have to rely on the newly incorpo- rated Excessive Fines Clause to develop their own vibrant jurisprudence assessing disproportionate...
Journal Articles
Federal Sentencing Reporter. 2019; 32132–35 doi: https://doi.org/10.1525/fsr.2019.32.1.32
Published: 01 October 2019
... with mental illness. They provide an alternative to incarceration, seeking to use the authority of the court for the betterment of those appearing before it. By using principles of ther- apeutic jurisprudence, they attempt to achieve two sepa- rate but interrelated outcomes improved psychiatric...
Journal Articles
Federal Sentencing Reporter. 2019; 32115–19 doi: https://doi.org/10.1525/fsr.2019.32.1.15
Published: 01 October 2019
... penalty in Gregg v. Georgia,3 after finding only four years earlier that states capital punishment schemes were cruelly and unusually implemented,4 the norms invoked by Justice Kennedy non-brutality, decency, and restraint have vied for prominence in the Supreme Court s death penalty jurisprudence...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5239–247 doi: https://doi.org/10.1525/fsr.2019.31.4-5.239
Published: 01 April 2019
... jurisprudence and begun to consider funda- mental issues regarding bargained justice, including the reliability of admissions of guilt in return for plea bargains and the phenomenon of false pleas. During the same period, psychological research directed at better under- standing the inner workings of the plea...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5215–221 doi: https://doi.org/10.1525/fsr.2019.31.4-5.215
Published: 01 April 2019
... Bargaining and the Trial Penalty traces the rise of plea bargaining and the jurisprudence that sustains it. In the final analysis, the case law that has enabled plea bargaining to become the rule rather than the exception rests on the assumption that irrespective of any inducements with promises of leniency...
Journal Articles
Federal Sentencing Reporter. 2019; 314-5265–271 doi: https://doi.org/10.1525/fsr.2019.31.4-5.265
Published: 01 April 2019
... The coercive landscape of plea arrangements exists in the presence and with the blessing of the judiciary. Several cases have firmly entrenched the plea bargain in modern American jurisprudence. Such an outcome was not always clear, however. The conflict between the sizable role played by the plea...
Journal Articles
Journal Articles
Federal Sentencing Reporter. 2018; 31128–36 doi: https://doi.org/10.1525/fsr.2018.31.1.28
Published: 01 October 2018
.... Moreover, the law and the jurisprudence of the courts have been amended in an even more lenient direction since Norway ratified the CRC in 1991. The Convention was incorporated into Nor- wegian law in 2003, when the Human Rights Act of 1999 was amended. According to the CRC, in all acts concerning children...
Journal Articles
Federal Sentencing Reporter. 2018; 31121–27 doi: https://doi.org/10.1525/fsr.2018.31.1.21
Published: 01 October 2018
... assume that the path to complete rehabilitation is not straightforward. The question is how many and what kind of violations can be accepted before the judge reverses the ND sentence to a prison sentence. Jurisprudence provides few general guidelines. How to respond to violations is individualized in the...
Journal Articles
Federal Sentencing Reporter. 2017; 30291–93 doi: https://doi.org/10.1525/fsr.2017.30.2.91
Published: 01 December 2017
... Michigan Supreme Court s failure to develop a more robust proportionality jurisprudence.13 At both the level of policy and individual cases, tough sentences are often justified as a way to protect or vindicate crime victims. However, sending the offender away for a long time is not necessarily the most...
Journal Articles
Federal Sentencing Reporter. 2011; 24182–84 doi: https://doi.org/10.1525/fsr.2011.24.1.82
Published: 01 October 2011
... School student offer their personal reflections about Dan Freed the reformer, the scholar, the colleague, the teacher, and the cherished friend. © 2011 Vera Institute of Justice sentencing Yale Law School criminal justice reform Sentencing Reform Act of 1984 jurisprudence Federal Sentencing...