American Criminal Law Review articles from September 2004

American Criminal Law Review archives from September 2004

Double jeopardy, post-Blakely.
September 22, 2004... I. INTRODUCTION Blakely v. Washington held that when a law requires a judge to increase a defendant's sentence upon finding an increment of culpability, it must ensure that the judge's finding is grounded in a jury's verdict. (1) Blakely...

Rethinking entrapment.
September 22, 2004... Entrapment is when you, the big, bad policeman, put evil thoughts into the mind of an otherwise innocent, law-abiding citizen and so coerce him to commit a crime for which you can then arrest him. (1) I. INTRODUCTION Sergeant Frazier's...

Understanding federal prosecutorial declinations: an empirical analysis of predictive factors.
September 22, 2004... Understanding why prosecutors select certain cases for prosecution and disregard others is one of the great enigmas of the criminal justice system. After all, one suspects that far more crime occurs than can ever possibly be prosecuted. Few...

Supremacy clause immunity: deriving a willfulness standard from sovereign immunity.
September 22, 2004... I. INTRODUCTION The year is 2011. A person suspected of violating federal drug laws resists arrest, shooting at a federal agent of the Drug Enforcement Agency. The agent returns fire, inadvertently killing an innocent bystander. After an...

"Women of circumstance"--the effects of mandatory minimum sentencing on women minimally involved in drug crimes.
September 22, 2004... I. INTRODUCTION In recent years, federal courts around the country have seen an emergence of a new type of drug offender--women who are minimally involved in drug crime, but are disparately punished by the existing criminal justice system....