Articles Tagged Sentencing

Russell D. Covey, Longitudinal Guilt: Repeat Offenders, Plea Bargaining, and the Variable Standard of Proof

63 Fla. L. Rev. 431 (2011)| |   | | ABSTRACT :: This Article introduces a new concept-“longitudinal guilt”-which invites readers to reconsider basic presuppositions about the way our criminal justice system determines guilt in criminal cases. In short, the idea is that a variety of features of criminal procedure, most importantly, plea bargaining, conspire to […]

Dale E. Ho, Silent at Sentencing: Waiver Doctrine and a Capital Defendant's Right to Present Migitating Evidence After Schriro v. Landrigan

62 Fla. L. Rev. 763 (2010) | | | | CASE COMMENT ::The consideration of mitigating evidence-evidence that weighs against the imposition of the death penalty in a capital defendant’s individual case-has been deemed a “constitutionally indispensable” feature of a valid capital sentencing scheme. And yet, Jeffrey Landrigan, like many capital defendants, was sentenced to […]

Douglas A. Berman, The Enduring (and Again Timely) Wisdom of the Original MPC Sentencing Provisions

61 Fla. L. Rev. 709 (2009) | | | | INTRODUCTION :: My favorite bit of folk wisdom is “if it ain’t broke, don’t fix it.” However, when considering the ongoing revisions to the Model Penal Code: Sentencing (MPCS) provisions, a corollary comes to mind: “fix what’s really broke, and don’t risk breaking what ain’t […]

Nora V. Demleitner, Good Conduct Time: How Much and for Whom? The Unprincipled Approach of the Model Penal Code: Sentencing

61 Fla. L. Rev. 777 (2009) | | | | INTRODUCTION :: Up until the 1970s, indeterminate sentencing dominated sentencing in the United States. This model implied a focus on offender rehabilitation, with the concomitant need for individualized treatment. The American Law Institute’s (ALI) Model Penal Code (MPC), published in 1962, incorporated these assumptions, though […]