Add to ORKGThis article advocates for the retroactive application of the Fair Sentencing Act. Part II of this Article will detail the history of the federal crack cocaine sentencing laws, from 1986 through the passage of the Fair Sentencing Act. Part III will detail the recent cases dealing with attempts at retroactivity in the lower courts. Part IV outlines the Supreme Court’s holding in United States v. Dorsey, which was a ground-breaking step towards the FSA’s retroactive effect. Part V offers arguments in support of retroactivity. Part VI offers legal challenges in which inmates can seek relief in the courts. In Part VII, we will leave the courtroom and offer policy reasons why the retroactivity of the Fair Sentencing Act does not just benefit tho...
The United States has the highest rate of incarceration in the world. In 2010, one in forty-eight ad...
This article charts a path for criminal sentencing in the wake of the Supreme Court’s recent bombshe...
The 1970s in the United States were largely defined by wars, both foreign and domestic: the Vietnam ...
This article advocates for the retroactive application of the Fair Sentencing Act. Part II of this A...
This Article argues that the strong presumption against retroactive application of reduced punishmen...
In 2013, the Sixth Circuit Court of Appeals was the first Circuit Court to retroactively apply the F...
In analyzing these four methods, this Comment argues that Method IV best serves fundamental fairness...
In 2010, the Fair Sentencing Act (“FSA”) increased the quantities triggering mandatory minimums for ...
In United States v. Booker, a dramatic decision handed down in early 2005, the Supreme Court attempt...
This Article explores when laws altering the consequences of conviction can retroactively apply. It...
The now-infamous “War on Drugs” campaign of the 1980s culminated in the adoption of the Anti-Drug Ab...
The legislative decision to amend a statute and reduce a sentence but not to apply it retroactively ...
In the two years since the landmark Booker decision, federal sentencing policy has been in a state o...
This article argues that in addition to the swing toward increased judicial discretion and overall l...
This Article discusses an important federal sentencing issue that has received little scholarly atte...
The United States has the highest rate of incarceration in the world. In 2010, one in forty-eight ad...
This article charts a path for criminal sentencing in the wake of the Supreme Court’s recent bombshe...
The 1970s in the United States were largely defined by wars, both foreign and domestic: the Vietnam ...
This article advocates for the retroactive application of the Fair Sentencing Act. Part II of this A...
This Article argues that the strong presumption against retroactive application of reduced punishmen...
In 2013, the Sixth Circuit Court of Appeals was the first Circuit Court to retroactively apply the F...
In analyzing these four methods, this Comment argues that Method IV best serves fundamental fairness...
In 2010, the Fair Sentencing Act (“FSA”) increased the quantities triggering mandatory minimums for ...
In United States v. Booker, a dramatic decision handed down in early 2005, the Supreme Court attempt...
This Article explores when laws altering the consequences of conviction can retroactively apply. It...
The now-infamous “War on Drugs” campaign of the 1980s culminated in the adoption of the Anti-Drug Ab...
The legislative decision to amend a statute and reduce a sentence but not to apply it retroactively ...
In the two years since the landmark Booker decision, federal sentencing policy has been in a state o...
This article argues that in addition to the swing toward increased judicial discretion and overall l...
This Article discusses an important federal sentencing issue that has received little scholarly atte...
The United States has the highest rate of incarceration in the world. In 2010, one in forty-eight ad...
This article charts a path for criminal sentencing in the wake of the Supreme Court’s recent bombshe...
The 1970s in the United States were largely defined by wars, both foreign and domestic: the Vietnam ...