Yakima Herald-Republic articles from October 2005

Yakima Herald-Republic archives from October 2005

Sentencing lessons.
October 1, 2005... INTRODUCTION I. MODESTY A. Multiple Purposes B. Institutional Realism C. Our Federal System * Note on states as the source of lessons II. SIMPLICITY III. RESPECT A. A Commission B. Judges 1....

The functions of sentencing and sentencing reform.
October 1, 2005... INTRODUCTION I. THE FUNCTIONS OF SENTENCING II. OVERT FUNCTIONS A. Norms B. Distribution C. Prevention D. Management E. Communication III. LATENT FUNCTIONS A. Self-Interest B. Ideological...

Punishment purposes.
October 1, 2005... INTRODUCTION I. OVERVIEW OF CONTEMPORARY SENTENCING PURPOSES AND LIMITATIONS A. Utilitarian Purposes and Limitations B. Nonutilitarian Purposes and Limitations C. Utilitarian Proportionality and Uniformity D....

Disparity: the normative and empirical failure of the federal guidelines.
October 1, 2005... INTRODUCTION I. THE NORMATIVE NATURE OF DISPARITY II. THE DISPARITIES THAT THE GUIDELINES CREATE III. THE DISPARITIES THAT THE GUIDELINES WERE INTENDED TO CORRECT A. Judicial Variation B. Geographic Variation C....

Our federal system of sentencing.
October 1, 2005... INTRODUCTION I. WHY FEDERAL JURISDICTION OVER CRIME IS LIMITED A. The Constitution and Federalism B. The Functional Case for Federalism II. FEDERALISM AND SENTENCING A. The Federal Approach to Sentencing 1....

Regulating local variations in Federal Sentencing.
October 1, 2005... INTRODUCTION I. TYPES, COSTS, AND SOURCES OF LOCAL VARIATION A. Justified and Unjustified Types of Local Variation B. Sources of Local Variation II. A CASE STUDY OF UNJUSTIFIED VARIATION: FAST-TRACK PROGRAMS III. A MIXED BAG:...

The enforceability of sentencing guidelines.
October 1, 2005... INTRODUCTION I. THE RULE-DISCRETION CONTINUUM II. ENFORCEABILITY IN THE CURRENT FEDERAL SYSTEM III. POLICY IMPLICATIONS CONCLUSION INTRODUCTION The pre-Booker Federal Sentencing Guidelines were, by far, the most vigorously...

Guidance from above and beyond.(extended sentence review)
October 1, 2005... INTRODUCTION I. APPELLATE REVIEW AFTER BOOKER: THE PATH NOT YET TAKEN A. Operating Within the Present Framework B. Creating a Responsive Guidelines System II. DISCRETIONARY PAROLE RELEASE: A NEW LIFE FOR AN OLD IDEA III....

From Winship to Apprendi to Booker: constitutional command or constitutional blunder?
October 1, 2005... INTRODUCTION I. FROM WINSHIP TO BOOKER: AFFIRMATIVE DEFENSE AND PRESUMPTION DEBATES REDUX? II. THE HANDS OF GOVERNMENT ARE ALL OVER THE CRIMINAL JURY'S INFERENTIAL PROCESS A. Judicial Branch B. Legislative Branch...

A second chance for sentencing reform: establishing a sentencing agency in the judicial branch.
October 1, 2005... INTRODUCTION I. RESPONDING TO BOOKER: WHAT THE SENTENCING COMMISSION CAN DO II. RESPONDING TO BOOKER: WHAT CONGRESS CAN DO A. Structural Deficiencies of the Sentencing Commission B. Establishing a Sentencing Agency in the...

Mr. Madison meets a time machine: the political science of federal sentencing reform.
October 1, 2005... INTRODUCTION I. THE CONSTITUTION AND THE BALANCE OF SENTENCING POWER A. The Spheres of Congressional and Judicial Power in Federal Sentencing B. The Justice Department and Its Prosecutors II. THE STATE OF FEDERAL...

Reforming the Federal Sentencing Guidelines' misguided approach to real-offense sentencing.
October 1, 2005... INTRODUCTION I. WHAT IS REAL-OFFENSE SENTENCING? II. REAL-OFFENSE SENTENCING AND SENTENCING GUIDELINES A. State Guidelines Systems B. Federal Sentencing Guidelines C. The Impact of Apprendi, Blakely, and Booker...

Distinguishing offense conduct and offender characteristics in modern sentencing reforms.
October 1, 2005... INTRODUCTION I. SHIFTS IN SENTENCING THEORY AND OFFENSE/OFFENDER FOCUS A. Background B. Federal Sentencing Reforms II. THE SUPREME COURT'S RECENT SENTENCING JURISPRUDENCE AND THE OFFENSE/OFFENDER DISTINCTION III....

Judicial oversight of negotiated sentences in a world of bargained punishment.
October 1, 2005... INTRODUCTION I. GETTING AROUND THE GUIDELINES II. THE EXTENT OF EVASION III. THE COSTS OF FACILITATING EVASION BY AGREEMENT IV. SOME OPTIONS FOR IMPROVING JUDICIAL OVERSIGHT OF NEGOTIATED SENTENCES CONCLUSION INTRODUCTION...

Parity, disparity, and adversariality: first principles of sentencing.
October 1, 2005... INTRODUCTION: PLAYING FAIR I. THE PROBLEM OF PROCEDURAL DISPARITY IN FEDERAL SENTENCING II. RESCUING THE ADVERSARIAL SYSTEM FROM DISPARITY III. DISPARITY BASED ON STANDARD OF PROOF AT SENTENCING IV. DISPARITY FROM THE SHIFTING BURDEN OF...

Penal policy and penal legislation in recent American experience.
October 1, 2005... INTRODUCTION I. AMERICAN PENAL POLICY: GOVERNMENT STRUCTURE AND RECENT TRENDS A. The Federal System and American Penal Policy B. The Immoderate Recent Trend II. CHANGING PATTERNS OF MEDIATION AND REVIEW IN THE...

Smart public policy: replacing imprisonment with targeted nonprison sentences and collateral sanctions.
October 1, 2005... INTRODUCTION I. EXPANDING AND REGULATING INTERMEDIATE SANCTIONS A. Intermediate Sanctions in the Federal Guidelines B. Prerequisites for Successful Nonprison Sentences: Proportionality, Public Safety, and Effectiveness ...

"The wisdom we have lost": sentencing information and its uses.
October 1, 2005... Where is the wisdom we have lost in knowledge? Where is the knowledge we have lost in information?--T.S. Eliot (1) INTRODUCTION I. 1984: A KNOWLEDGE-DRIVEN RULEMAKER II. USERS, USES, AND USABILITY OF DATA AND ANALYSIS A. The...