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Date: April 30, 2024 Tue
Time: 4:04 am
Time: 4:04 am
Results for life without parole (u.s.)
2 results foundAuthor: O'Hear, Michael M. Title: Not Just Kid Stuff? Extending Graham and Miller to Adults Summary: The United States Supreme Court has recently recognized new constitutional limitations on the use of life-without-parole (LWOP) sentences for juvenile offenders, but has not clearly indicated whether analogous limitations apply to the sentencing of adults. However, the Court’s treatment of LWOP as a qualitatively different and intrinsically more troubling punishment than any other sentence of incarceration does provide a plausible basis for adults to challenge their LWOP sentences, particularly when they have been imposed for nonviolent offenses or on a mandatory basis. At the same time, the Court’s Eighth Amendment reasoning suggests some reluctance to overturn sentencing practices that are in widespread use or otherwise seem to reflect deliberate, majoritarian decisionmaking. This Essay thus suggests a balancing test of sorts that may help to account for the Court’s varied Eighth Amendment decisions in noncapital cases since 1991. The Essay concludes by considering how this balancing approach might apply to the mandatory LWOP sentence established by 21 U.S.C. §841(b)(1)(A) for repeat drug offenders. Details: Milwaukee, WI: Marquette University Law School, 2013. 75p. Source: Internet Resource: Marquette Law School Legal Studies Paper No. 13-14 : Accessed May 29, 2013 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2267595 Year: 2013 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2267595 Shelf Number: 128843 Keywords: Life ImprisonmentLife SentenceLife Without Parole (U.S.)Sentencing |
Author: United States Sentencing Commission Title: Life Sentences in the Federal System Summary: Life imprisonment sentences are rare in the federal criminal justice system. Virtually all offenders convicted of a federal crime are released from prison eventually and return to society or, in the case of illegal aliens, are deported to their country of origin. Yet in fiscal year 2013 federal judges imposed a sentence of life imprisonment without parole on 153 offenders. Another 168 offenders received a sentence of a specific term of years that was so long it had the practical effect of being a life sentence. Although together these offenders represent only 0.4 percent of all offenders sentenced that year, this type of sentence sets them apart from the rest of the offender population. This report examines life sentences in the federal system and the offenders on whom this punishment is imposed. There are numerous federal criminal statutes that authorize a life imprisonment sentence to be imposed as the maximum sentence. The most commonly used of these statutes involve drug trafficking, racketeering, and firearms crimes. Additionally, there are at least 45 statutes that require a life sentence to be imposed as the minimum penalty. These mandatory minimum penalties generally are required in cases involving the killing of a federal official or other government employee, piracy, or repeat offenses involving drug trafficking or weapons. In fiscal year 2013, 69 of the 153 offenders who received a sentence of life imprisonment were subject to a mandatory minimum penalty requiring the court to impose that sentence. Details: Washington, DC: United States Sentencing Commission, 2016. 26p. Source: Internet Resource: Accessed November 7, 2016 at: http://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-projects-and-surveys/miscellaneous/20150226_Life_Sentences.pdf Year: 2016 Country: United States URL: http://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-projects-and-surveys/miscellaneous/20150226_Life_Sentences.pdf Shelf Number: 145309 Keywords: Federal PrisonersLife ImprisonmentLife Sentences Life Without Parole (U.S.) Punishment Sentencing |