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Journal Article
Federal Sentencing Reporter (2000) 13 (2): 90–92.
Published: 01 September 2000
... createunusual disparities for identicaloffensescommittedon stateversus federalpropertywithin thatstate.For example, a defen dant chargedwith drunk driving inMaryland under Maryland state law faces amaximum penaltyof one year incarceration.5 The same offense committed within the stateofMaryland...
Journal Article
Federal Sentencing Reporter (2003) 15 (5): 334–335.
Published: 01 June 2003
... in Indian country in drunk driving cases.] FED ER AL SEN TE NCING RE PORT ER · VO L. 15 , N O. 5 · JUNE 2 00 3 335 ...
Journal Article
Federal Sentencing Reporter (2004) 17 (1): 40–45.
Published: 01 October 2004
... agreed to transport a package of drugs as a favor one time. She has a prior conviction for drunk driving, for which she was sentenced to an unsupervised term of probation, which had expired at the time she transported the package, but was still running during the arguably longer relevant conduct time...
Journal Article
Federal Sentencing Reporter (2002) 14 (5): 295–298.
Published: 01 March 2002
... presented a substantial risk that force may be used against people or property in the commission of the crime.11 For that reason the Board of Immigration Appeals held the term Òaggravated feloniesÓ to encompass even general-intent crimes, such as involuntary manslaughter12 and felony drunk driving/driving...
Journal Article
Federal Sentencing Reporter (2024) 36 (4): 201–208.
Published: 01 April 2024
..., LM, and Xu, Y. 2014. The behavioral economics of drunk driving. Journal of Health Economics 35: 64 81. South Dakota Attorney General. 2019. 24/7 Program Statistics Stewart, T. 2023. Overview of Motor Vehicle Traf c Crashes in 2021. Vachal, K, and Kubas, A. 2018. Does the 24/7 Sobriety Program...
Journal Article
Federal Sentencing Reporter (2017) 30 (2): 125–137.
Published: 01 December 2017
... and an annual price tag of as much as $129 million.73 (By way of comparison, this would be more than twenty times as much as the state currently spends on the TAD program.) Proponents replied that increased penalties would deter drunk driving, but they did so without offering any apparent research basis...
Journal Article
Federal Sentencing Reporter (2018) 31 (1): 5–13.
Published: 01 October 2018
... of alternatives. In 1984, Norway began to use community service as a criminal sanction, and subsequently changed its legal title to community punishment and expanded its scope to include drunk driving offenses. Community punishment is an independent sanction in Norway, rather than a complementary add-on to some...
Journal Article
Federal Sentencing Reporter (2016) 29 (1): 52–57.
Published: 01 October 2016
..., 1.6 million were for drug abuse violations, 1.12 million for drunk driving, and 1.23 million for larceny-theft. It is unclear from the national statistics which ones are misdemeanor and which are felony arrests because the de nition varies by state. From the federal statistics maintained...
Journal Article
Federal Sentencing Reporter (2020) 32 (3): 147–152.
Published: 01 February 2020
..., and Department of the Treasury; increased penalties for drunk driving resulting in the death or serious bodily injury of a minor or if a minor was present in the motor vehicle when the offense was committed; established the Police Corps and scholarships to increase the number of police of cers with higher...
Journal Article
Federal Sentencing Reporter (2003) 16 (1): 33–37.
Published: 01 October 2003
... though there were a broad range of permissible guideline sentences. It treated the top minimum sentences as the ideal of 100% sentences against which the judges were measured. One judge was identi ed given a rating of 1,428.6% of the median standardized index for sentences on drunk driving well...
Journal Article
Federal Sentencing Reporter (2010) 22 (4): 254–261.
Published: 01 April 2010
... or drunk driving) at the lower end. Comprehensive guidance that articulates a coherent sentencing policy across all offences is not possible. Appellate courts must largely rely on the submissions provided by prosecution and defence counsel. They generally do not have the resources to undertake...
Journal Article
Federal Sentencing Reporter (2015) 27 (4): 229–236.
Published: 01 April 2015
... ages to men and women, even though studies show young men are more than ten times as likely to drive drunk.10 Likewise, the government may not rely on gendered generalizations about juror voting patterns,11 workforce participation,12 or students preferred learning environments.13 The key principle...
Journal Article
Federal Sentencing Reporter (2005) 17 (3): 209–214.
Published: 01 February 2005
... assault. Based on these statistics, the court summarized the criminal work of the lower Navajo courts as addressing the serious criminal and social problems of drunk driving, assaults and batteries (including aggravated assault and battery with deadly weapons), sex offenses against children, disorderly...
Journal Article
Federal Sentencing Reporter (2013) 26 (2): 118–127.
Published: 01 December 2013
...,41 the Court used analogical reasoning to nd that driving under the in uence was too unlike burglary, arson, extortion, or use of explosives. The latter crimes all involve purposeful, violent, or aggressive conduct; drunk driving a strict liability offense does 120 FEDERAL SENTENCING REPORTER VOL...
Journal Article
Federal Sentencing Reporter (2000) 13 (2): 71–73.
Published: 01 September 2000
... thefederalenclave lies, so as to treamt embers of themilitary and Native Americans the same as others livingin thatstate, Congress added veryserious penalties. Ifa Native American drives impaired in South Dakota's Indian Country,forexample, he or she not only receiveswhat a similardrunk driverwould receive in Sioux...
Journal Article
Federal Sentencing Reporter (2021) 34 (1): 2–11.
Published: 01 October 2021
... and a state arrest for drunk driving, the defendant completed an intensive outpatient treatment FEDERAL SENTENCING REPORTER VOL. 34, NO. 1 OCTOBER 2021 7 program. His counselor indicated that he had been actively involved in treatment, that he had gained insight into his addiction, and that all sixty-two...
Journal Article
Federal Sentencing Reporter (2006) 19 (1): 13–20.
Published: 01 October 2006
... in the late 1970s, along with Mothers Against Drunk Driving, founded in 1980, increased the attention paid to victims and their desire for rights in the legal system. These groups prompted the government to look into these issues, such as when President Ronald Reagan launched a task force on victims of crime...
Journal Article
Federal Sentencing Reporter (2003) 16 (1): 76–86.
Published: 01 October 2003
..., brawlers to anger management, and drunk drivers to alcohol evaluation and treatment. That this is symmetry rather than science that we cannot cite these practices as evidence of a responsible pursuit of crime reduction is obvious from these circumstances: we never ask the programs whether their graduates...
Journal Article
Federal Sentencing Reporter (2024) 36 (5): 310–322.
Published: 01 June 2024
... on the shape of substantive criminal law. Appendix A. Selected Federal Statutes Subject to Apprendi Challenge Statute Maximum enhancing feature(s) Challenged in 18 U.S.C. § 13 (drunk driving on military base or federal lands) Increasing maximum sentence by one year where minor in vehicle. 18 U.S.C. § 34...
Journal Article
Federal Sentencing Reporter (2023) 35 (4-5): 226–233.
Published: 01 April 2023
..., recurring sentencing issues. Should a clearly alcoholic drunk driver be sentenced differently from someone who drives home drunk after a party? Do traf c safety or anger management classes make a difference? How should society punish or treat a chronic shoplifter? Or a murderer who was once law abiding...