American Criminal Law Review articles from January 2003

American Criminal Law Review archives from January 2003

Foreword: you be the judge: the success of fifteen years of sentencing under the United States sentencing guidelines. (Perspectives On The Federal Sentencing Guidelines And Mandatory Sentencing).
January 1, 2003... For the past fifteen years, federal judges, prosecutors, and criminal defense lawyers and their clients have labored under a complex federal sentencing structure that completely changed the way in which federal sentences are meted out. As the...

Mandatory sentencing: one judge's perspective, 2002.
January 1, 2003... I The federal sentencing guidelines and mandatory minimums as they affect members of the judiciary bring to my mind the original, and manifestly Faustian, "Deal," if I may call it that, that facilitated the ratification of the original...

The reason behind the rules: finding and using the philosophy of the federal sentencing guidelines. .(Perspectives on the Federal Sentencing Guidelines and Mandatory Sentencing)
January 1, 2003... I. INTRODUCTION A. Finding and Using the Federal Philosophy of Sentencing B. How the Guidelines' Philosophy Got Lost 1. The Critics Speak 2. The Root of the Problem 3. The Original Commission's...

Fifteen years after the federal sentencing revolution: how mandatory minimums have undermined effective and just narcotics sentencing. .(Perspectives on the Federal Sentencing Guidelines and Mandatory Sentencing)
January 1, 2003... INTRODUCTION Federal criminal sentencing has changed dramatically since 1988. Fifteen years ago, judges determined if and for how long a defendant would go to jail. Since that time, changes in substantive federal criminal statutes,...

The Supreme Court, criminal procedure and judicial integrity.
January 1, 2003... I. INTRODUCTION: FOUR TRENDS We are fighting a war on terrorism, and as we do, the federal judiciary has been and will be called upon to address questions of how far the government may go in fighting the war before it intrudes upon...

John Walker Lindh and Yaser Esam Hamdi: closing the loophole in international humanitarian law for American nationals captured abroad while fighting with enemy forces. .
January 1, 2003... I. INTRODUCTION II. THE DEVELOPMENT OF THE UNITED STATES' POSITION ON THE TREATMENT OF NATIONALS ENGAGED IN ARMED CONFLICT WITH ENEMY FORCES ABROAD A. International Law on the Treatment of Nationals Engaged in ...