Search Results for conviction

...Matthew S. Freedus; Eugene R. Fidell © The Ohio State University Conviction by Special Courts-Martial: A Felony Conviction? MATTHEW S. FREEDUS & EUGENE R. FIDELL Matthew S. Freedus Associate, Feldesman Tucker Leifer Fidell LLP, Washington, D.C. Eugene R. Fidell Partner, Feldesman Tucker Leifer...

...Margaret Colgate Love © The Ohio State University Alternatives to Conviction: Deferred Adjudication as a Way of Avoiding Collateral Consequences Margaret Colgate Love* Federal judges have a limited repertoire of responses to people who appear before them for sentencing, even when the offense...

...David E. Johnson © The Ohio State University Looking to the Past and Seeing the Future? Graham v. West Virginia: The Century-Old Prior Conviction Decision The legal community is attempting to understand the full implications of Blakely v. Washington1 and Booker v. United States,2 and sort...

...Eric M. Freedman Abstract In the years ahead both the state and federal governments will have a shared interest in improving the fairness of state post-conviction review systems. Under Cullen v. Pinholster, 131 S. Ct. 1388 (2011) states' post-conviction rulings will be given considerable deference...

...John Rubin © The Ohio State University Relief from a Criminal Conviction in North Carolina: Forgetting, Forgiving, and Forgoing In recent years, North Carolina has cautiously expanded the opportunities for relief from the potential consequences of a criminal conviction. North Carolina...

...Lara S. Vinnard Foreign Convictions, Prisoner Transfer Treaties, and the Federal Sentencing Guidelines I. Introduction American citizens convictedof crimes incertainforeign countriesmay elect to serve theirsentence in the United States rather than remain incarcerated abroad. Such persons...

... the extentof theCourt's holding and its immediate ramifications,including theeffecton federaldrug pros ecutions under 21U.S.C.I841. The essay concludes thatApprendi''sholding,which could be described as a "truth-in-convicting" rule, ismodest in scope but nonetheless significant. The essay draws two further...

...John Scalia, Jr. © The Ohio State University The Impact of Changes in Federal Law and Policy on the Sentencing of, and Time Served in Prison by, Drug Defendants Convicted in U.S. District Courts JOHN SCALIA, JR.* Mr. Scalia is the statistician for the Office of the Detention Trustee, U.S...

...Chereen J. Charlick; Steven F. Hubacheck © The Ohio State University Categorically Confusing? Analyzing State Convictions Under Federal Enhancement Statutes It has been widely reported that actress Winona Ryder was recently arrested and accused of acts which, if proven, appear to consist...

...Margaret Colgate Love; Gabriel J. Chin © The Ohio State University Old Wine in a New Skin: The ABA Standards on Collateral Sanctions and Discretionary Disqualification of Convicted Persons MARGARET COLGATE LOVE & GABRIEL J. CHIN Margaret Colgate Love practices law in Washington, D.C. She...

...Brian Elderbroom; Julia Durnan © The Ohio State University Reclassi ed: State-Drug Law Reforms to Reduce Felony Convictions and Increase Second Chances Recognizing the harm caused by felony convictions and the importance of targeting limited correctional resources more ef ciently, state...

...Gabriel J. Chin; David Schlussel Abstract Congress has been weighing a new form of judicial relief—a Certificate of Rehabilitation—that could alleviate the “internal exile” caused by the collateral consequences of a federal conviction. Aside from the once robust, now rare and erratic pardon power...

...Amy Ralston Povah © The Ohio State University Clemency Initiative Favored Male Repeat Offenders Over Women with No Prior Convictions Nothing sums up President Obama s Clemecy Initiative1 better than Charles Dickins passage from a Tale of Two Cities: It was the best of times, it was the worst...

...Mark Osler; Matthew Fass © The Ohio State University The Ford Approach and Real Fairness for Crack Convicts Mark Osler Professor of Law, University of St. Thomas (Minn.) Matthew Fass Assistant District Attorney, Wichita County, Texas Ten years ago in these very pages, Charles Shanor and Marc...

...Mary Ann Farkas; Gale Miller © The Ohio State University Reentry and Reintegration: Challenges Faced by the Families of Convicted Sex Offenders MARY ANN FARKAS Associate Professor, Department of Social and Cultural Sciences, Marquette University GALE MILLER Professor, Department of Social...

...Colleen P. Murphy © The Ohio State University Prior Convictions, Jury Trial, and the Burden of Proof Apprendi v. New Jersey,1 Blakely v. Washington,2 and United States v. Booker3 held that the right to jury trial and the right to proof beyond a reasonable doubt apply to a fact (other than...

...Jon M. Sands; Jane L. McClellan © The Ohio State University Commentary: Policy Meets Practice: Why Tribal Court Convictions should not be Counted Professor Kevin Washburn s article, Reconsidering the Commission s Treatment of Tribal Courts, raises the issue of counting tribal convictions...

...William C. Canby, Jr. © The Ohio State University Commentary: Treatment of Tribal Court Convictions WILLIAM C. CANBY, JR. Senior Circuit Judge, United States Court of Appeals for the Ninth Circuit. The views expressed here are personal views of the author, and do not purport to represent...

...Valerie Levshin Abstract The collateral consequences of criminal convictions are costly for convicted individuals, victims, taxpayers, and society as a whole. Many of these costs are above and beyond the initial sentence, and they have far-reaching consequences. People with criminal records often...

...Lynn Adelman; Jon Deitrich Abstract This article discusses the continued importance of rigorous habeas corpus review of state court convictions, particularly those obtained in states with an elected judiciary. Given the political pressures faced by elected judges and the tremendous amounts of money...