Now showing items 1-4 of 4
Habeas Corpus and State Sentencing Reform: A Story of Unintended Consequences
(Duke Law Journal, 2008)
This Article tells the story of how fundamental shifts in state sentencing policy collided with fundamental shifts in federal habeas policy to produce a tangled and costly doctrinal wreck. The conventional assumption is ...
Felony Jury Sentencing in Practice: A Three-State Study
(Vanderbilt Law Review, 2004)
Jury sentencing in non-capital cases is one of the least understood procedures in contemporary American criminal justice. This Article looks beyond idealized visions of jury sentencing to examine for the first time how ...
The American Criminal Jury
(Law and Contemporary Problems, 1999)
As juries become both less common and more expensive, some have questioned the wisdom of preserving the criminal jury in its present form. The benefits of the jury are difficult to quantify, but jury verdicts continue to ...
Sentencing and Prior Convictions: The Past, the Future, and the End of the Prior-Conviction Exception to Apprendi
(Marquette Law Review, 2014)
This article traces the fascinating history of early efforts to identify defendants and their prior convictions as well as the evolving use of prior convictions in aggravating punishment; examines how contemporary repeat ...