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Keywords: sentencing
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Journal Articles
New Criminal Law Review (2021) 24 (3): 275–300.
Published: 01 July 2021
... a taxonomy of decision types. In the second part, we bring the formal point alive through a case study of criminal sentencing. © 2021 by The Regents of the University of California 2021 algorithmic decision-making indeterminacy uncertainty sentencing rule of law ALGORITHMIC DECISION-MAKING...
Journal Articles
New Criminal Law Review (2021) 24 (3): 326–366.
Published: 01 July 2021
... population bloated by a half-century love affair with over-criminalization, mandatory minimums, and recidivism enhancements. © 2021 by The Regents of the University of California 2021 mercy clemency punishment criminal law sentencing prosecution PROSECUTOR MERCY Lee Kovarsky* The tailwinds...
Journal Articles
New Criminal Law Review (2020) 23 (4): 636–654.
Published: 27 November 2020
... scenario in which a willful offense attempted against the intended target coexists with a negligent one actually carried out against an unintended victim. According to the rule on transferred intent, the two offenses should be considered as a single offense for the purpose of sentencing. © 2020...
Journal Articles
New Criminal Law Review (2020) 23 (1): 60–73.
Published: 01 February 2020
... draws in part on the author s previous work discussing the idea of equality in American sentencing law. See Richard A. Bierschbach & Stephanos Bibas, What s Wrong with Sentencing Equality?, 102 VA. L. REV. 1447 (2016). 60 | New Criminal Law Review, Vol. 23, Number 1, pps 60 73. ISSN 1933-4192...
Journal Articles
New Criminal Law Review (2020) 23 (1): 74–112.
Published: 01 February 2020
... addresses reintegration’s important role in ameliorating the racial scars of American criminal punishment. © 2020 by The Regents of the University of California 2020 reintegration rehabilitation rights race republican theory punishment sentencing citizenship equality THE RIGHT...
Journal Articles
New Criminal Law Review (2019) 22 (2): 164–199.
Published: 01 May 2019
...Mwiza Jo Nkhata In 2007, the High Court of Malawi, sitting as a constitutional court, declared that the mandatory sentence of death for murder was unconstitutional. At the time of the High Court’s invalidation of the mandatory death penalty, Malawi’s prisons had over 190 prisoners serving...
Journal Articles
New Criminal Law Review (2017) 20 (4): 616–663.
Published: 01 November 2017
...Seth Mayer; F. Italia Patti There is broad agreement that the American criminal sentencing system is deeply flawed, yet current theoretical frameworks for sentencing have failed to offer a way forward for reform. These frameworks have not faced up to political disagreement over sentencing. Instead...
Journal Articles
New Criminal Law Review (2017) 20 (3): 506–533.
Published: 01 August 2017
...Kevin Kwok-yin Cheng Despite the significant role that aggravating and mitigating factors play in sentencing outcomes, they have been neglected by both policy and research. The purpose of this study is to examine the influence of culture—which has been deemed to be an “elusive” influence...
Journal Articles
New Criminal Law Review (2017) 20 (1): 66–95.
Published: 01 February 2017
...Emma Kaufman Repatriation treaties permit noncitizens convicted of crimes in the United States to serve their sentences abroad. The reach of these treaties is vast: together, they provide for the transfer of tens of thousands of prisoners in American custody. In practice, however, repatriation...
Journal Articles
New Criminal Law Review (2016) 19 (3): 437–472.
Published: 01 August 2016
... of punishment in doubt. Systems for quantifying punishment, such as proportionality and sentencing guidelines, only lend an appearance of knowledge to penalization. They are not true epistemological arguments. Although social norms may at first seem to provide the bases of the requisite knowledge, norms...
Journal Articles
New Criminal Law Review (2015) 18 (2): 214–272.
Published: 01 May 2015
...Jacob Schuman The United States Sentencing Guidelines place little emphasis on probability. Instead, the Guidelines recommend a sentence in each case based only on whether certain facts about the offender’s crime exceed a “threshold” level of likelihood. Guidelines sentences therefore fail...
Journal Articles
New Criminal Law Review (2012) 15 (4): 465–510.
Published: 01 October 2012
... of punishment rehabilitation incapacitation deterrence retribution sentencing broken window policing homeless/ness CR IMES OF MISERY AND THEOR IES OF PUN ISHMENT John B. Mitchell* Increasingly, one sees the homeless on the streets, alleys, and doorways of the com- mercial, recreational, and living...
Journal Articles
New Criminal Law Review (2012) 15 (2): 277–332.
Published: 01 April 2012
...Vincent Chiao In Furman v. Georgia , the United States Supreme Court announced that it would not tolerate a capital sentencing regime that imposed death sentences in a seriously arbitrary fashion. The question I ask in this paper is whether we should in fact object to arbitrariness in punishment...