Add to ORKGSince the turn of the century, the Supreme Court has begun to regulate non-capital sentencing under the Sixth Amendment in the Apprendi line of cases (requiring jury findings of fact to justify sentence enhancements) as well as under the Eighth Amendment in the Miller and Graham line of cases (forbidding mandatory life imprisonment for juvenile defendants). Though both lines of authority sound in individual rights, in fact they are fundamentally about the structures of criminal justice. These two seemingly disparate lines of doctrine respond to structural imbalances in non-capital sentencing by promoting morally appropriate punishment judgments that are based on retail, individualized input and reflect the views and perspectives of multiple...
Every year hundreds of thousands of convicted criminal defendants are sentenced for their crimes, of...
This Article is, in effect, the second half of the author\u27s argument against the Supreme Court\u2...
The U.S. Supreme Court’s 2016 decision in Hurst v. Florida, which struck down Florida’s capital sent...
Since the turn of the century, the Supreme Court has regulated noncapital sentencing under the Sixth...
In the past decade, the Supreme Court has transformed the constitutional landscape of juvenile crime...
This Article examines the Supreme Court\u27s treatment of the Eighth Amendment with respect to claim...
For decades, there was not much growth in the U.S. Supreme Court’s interpretation and application of...
The Supreme Court takes two very different approaches to substantive sentencing law. Whereas its rev...
In the past decade, the Supreme Court has transformed the constitutional landscape of juvenile crime...
Over twenty years ago, the United States Supreme Court held that both mandatory capital sentencing s...
This Article argues for the rescue and reform of Supreme Court doctrine regulating capital sentencin...
This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur m...
Constitutional orders punish — and they punish abundantly. However, analysis of the constitutionalit...
Over the last fourteen years, the Supreme Court has issued five decisions that impose substantive co...
Historically, the American legal system has accorded juries wide discretion to impose sentences in t...
Every year hundreds of thousands of convicted criminal defendants are sentenced for their crimes, of...
This Article is, in effect, the second half of the author\u27s argument against the Supreme Court\u2...
The U.S. Supreme Court’s 2016 decision in Hurst v. Florida, which struck down Florida’s capital sent...
Since the turn of the century, the Supreme Court has regulated noncapital sentencing under the Sixth...
In the past decade, the Supreme Court has transformed the constitutional landscape of juvenile crime...
This Article examines the Supreme Court\u27s treatment of the Eighth Amendment with respect to claim...
For decades, there was not much growth in the U.S. Supreme Court’s interpretation and application of...
The Supreme Court takes two very different approaches to substantive sentencing law. Whereas its rev...
In the past decade, the Supreme Court has transformed the constitutional landscape of juvenile crime...
Over twenty years ago, the United States Supreme Court held that both mandatory capital sentencing s...
This Article argues for the rescue and reform of Supreme Court doctrine regulating capital sentencin...
This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur m...
Constitutional orders punish — and they punish abundantly. However, analysis of the constitutionalit...
Over the last fourteen years, the Supreme Court has issued five decisions that impose substantive co...
Historically, the American legal system has accorded juries wide discretion to impose sentences in t...
Every year hundreds of thousands of convicted criminal defendants are sentenced for their crimes, of...
This Article is, in effect, the second half of the author\u27s argument against the Supreme Court\u2...
The U.S. Supreme Court’s 2016 decision in Hurst v. Florida, which struck down Florida’s capital sent...
