Downward departures from the Federal Sentencing Guidelines based on the defendant's drug rehabilitative efforts

Article Abstract:

A defendant's affirmative efforts at drug rehabilitation should be recognized as grounds for downward departures in sentences determined by the Federal Sentencing Guidelines. Courts have been divided on this issue, but a majority have not allowed judges to depart from the guidelines for drug rehabilitation efforts. However, the guidelines allow qualitative departures for mitigating circumstances of a kind not considered by the Sentencing Commission. Drug rehabilitation efforts that are meaningfully atypical satisfy this criterion. Allowing such departures would further the goals of the sentencing system.

Drug addicts, Drug abusers, Criminal rehabilitation, Rehabilitation of criminals

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Laundering illegally seized evidence through the Federal Sentencing Guidelines

Article Abstract:

The exclusionary rule should be applied at sentencing as well as at trial. Although traditionally evidence seized illegally has been considered by the sentencing judge, both the Supreme Court's balancing test and statutory language support application of the exclusionary rule at sentencing. Evidence of 'relevant conduct' is more important under the new Federal Sentencing Guidelines, causing some courts to abandon the traditional rule because of 'changed circumstances.' However, the Guidelines' focus on the crime rather than character also supports usage of the exclusionary rule at sentencing.

Exclusionary rule (Evidence), Exclusionary rule

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Truth in sentencing: the prospective and retroactive application of Simmons v South Carolina

Article Abstract:

The Supreme Court's decision in Simmons v South Carolina should be applied retroactively to death penalty cases. The Court held that a prosecutor misled a jury by failing to inform them that the defendant was ineligible for parole, thereby promoting the death penalty as the only method to keep a dangerous person off the streets. Prosecutors should also be punished for using such tactics.

United States, Analysis, Capital punishment, Retroactive judicial decisions

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