Search Results for punishment

...Brian D. Johnson © The Ohio State University Plea-Trial Differences in Federal Punishment: Research and Policy Implications BRIAN D. JOHNSON* Professor of Criminology and Criminal Justice, University of Maryland I. Introduction Two empirical facts underlie ongoing policy debates over plea...

...Mary Price © The Ohio State University Weaponizing Justice: Mandatory Minimums, the Trial Penalty, and the Purposes of Punishment I. Introduction The trial penalty is one of the most lethal tools in the prosecutor s kit. With it, the government coerces defendants to plead guilty and punishes...

...Mugambi Jouet Abstract The “juveniles are different” doctrine is gaining ground in the United States. It holds that children, unlike adults, should not receive merciless punishments like life without parole, given their immaturity, impulsivity, and limited brain development. The doctrine’s impact...

...Evan Lee © The Ohio State University Should the ALI Take a Position on Capital Punishment? Several years ago, the American Law Institute started the process of revising the sentencing provisions of the MPC. One of the early questions that project participants struggled with was whether to take...

...Carolina Muñoz © The Ohio State University Sentencing and Punishment in Costa Rica: Practical Problems That Need to Be Changed I. Introduction The purpose of this article is to explain the sentencing process in Costa Rica and to outline the problems with the criminal process in this country...

...Youngjae Lee © The Ohio State University The Purposes of Punishment Test Youngjae Lee Associate Professor of Law, Fordham University School of Law Until Graham v. Florida decided this year that the Eighth Amendment prohibits a sentence of life in prison without parole for a nonhomicide crime...

... it revives punishment doctrine on two issues that have lain dormant since Harmelin v. Michigan4: proportionality and individualized sentencing. Although it doesn t overrule Harmelin, by recognizing the continued vitality of Weems5 and Solem6 the Graham decision appears to acknowledge that the Court s...

...Michael M. O’Hear; Darren Wheelock © The Ohio State University Public Attitudes Toward Punishment, Rehabilitation, and Reform: Lessons from the Marquette Law School Poll Public support for tough sentencing policies rose sharply in the United States in the 1970s and remained high until the late...

...David Deitch; Jeffrey Hamlin © The Ohio State University The Federal Government s Enforcement Actions Against Internet Poker: An Example of Deterrence Without Draconian Punishment Judges often say that to sentence a criminal defendant is one of the hardest things they do on the bench...

... guidelines sentencing commissions Learning from European Punishment Practices and from Similar American Practices, Now and In the Past The Vera Institute s recent report on German and Dutch sentencing and prison practices1 provides extremely valuable comparative perspectives on American practices...

...Carroll Seron © The Ohio State University Reflections on a Systemic View of Sentencing and Punishment: Comments on Hofer and on Ulmer and Light Carroll Seron Professor of Criminology, Law & Society, School of Social Ecology, School of Law, University of California, Irvine In 1990, I coauthored...

... may send criminal offenders instead of sentencing them to jail. The programs balance punishment and treatment for felony offenders without compromising public safety, and they have the potential to reduce reoffending. © The Ohio State University sentencing felony offenders recidivism ATI...

...Morten Holmboe © The Ohio State University The Norwegian Youth Sentence: Punishment in the Best Interest of the Child? MORTEN HOLMBOE* I. Introduction: Young Offenders under Norwegian Criminal Law During the autumn of 2014, a young male and a younger female had vaginal intercourse six or seven...

...Norwegian Ministry of Justice and the Police © The Ohio State University Punishment That Works Less Crime A Safe Society: Report to the Storting on the Norwegian Correctional Services (English Summary) NORWEGIAN MINISTRY OF JUSTICE AND THE POLICE SUMMARY Part I. The Background to the Proposals...

... acknowledge the implications of accepting restitution as punishment. If courts would concede restitution’s punitive purpose and effect, the Constitution could limit the scope of restitution awards — through the Sixth Amendment’s jury trial right and the Eighth Amendment’s excessive fines clause. Under...

...Frank O. Bowman, III © The Ohio State University EDITOR S OBSERVATIONS Function Over Formalism: A Provisional Theory of the Constitutional Law of Crime and Punishment FRANK O. BOWMAN, III M. Dale Palmer Professor of Law at Indiana University School of Law Indianapolis This Issue of FSR...

...Laura I. Appleman © The Ohio State University Rediscovering Retribution: Understanding Punishment Theory after Blakely Blakely will surely transform our sentencing policies in both large and small ways. But before the courts should further interpret and apply Blakely, a fuller understanding...

...Michael M. O’Hear © The Ohio State University EDITOR S OBSERVATIONS Punishment, Democracy, and Victims MICHAEL M. O HEAR Associate Professor, Marquette University Law School Editor, Federal Sentencing Reporter Through its passage of the Crime Victims Rights Act in 2004, Congress has responded...

... of the impressive breakout sessions over the next two days. Rather, I hope to challenge you to think critically about the realities of crime and punishment in America so that you can help our democracy chart a new course to a more just and humane response to crime. Today we mark fifty years since...