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Date: April 29, 2024 Mon
Time: 11:31 pm
Time: 11:31 pm
Results for sentencing enhancements
2 results foundAuthor: Lee, Evan Title: Regulating Crimmigration Summary: In the last decade, federal prison populations and deportations have both soared to record numbers. The principal cause of these sharp increases has been the leveraging of prior criminal convictions - mostly state convictions - into federal sentencing enhancements and deportations. These increases are controversial on political and policy grounds. Indeed, the political controversy has overshadowed the fact that the Nation's Article III and immigration courts have struggled with an exquisitely difficult set of technical problems in determining which state criminal convictions should qualify for federal sentencing enhancements and/or deportation. The crux of the problem is that the underlying crime can be viewed in a fact-sensitive manner - which usually benefits the government - or in an abstract, "categorical" manner - which usually benefits the individual. In two recent decisions, Descamps v. United States and Moncrieffe v. Holder, the U.S. Supreme Court has squarely sided with a categorical approach. Yet the implementation of a categorical approach faces three huge challenges: first, it cuts against the widely shared intuition that just punishment should turn on the facts of the case in question; second, it presupposes that federal courts will always be able to ascertain the essential elements of state offenses; and third, a categorical approach resists application to a significant number of existing federal statutes. This Article sketches out a coherent framework for administering a categorical approach across both federal sentencing and immigration, in the process reconciling seemingly inconsistent Supreme Court decisions and suggesting how several circuit splits should be resolved. Details: San Francisco: University of California Hastings College of the Law, 2015. 72p. Source: Internet Resource: UC Hastings Research Paper No. 128: Accessed February 12, 2015 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2559485 Year: 2015 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2559485 Shelf Number: 134604 Keywords: DeportationImmigrantsImmigrationPunishmentSentencing (U.S.)Sentencing Enhancements |
Author: Mastrobuoni, Giovanni Title: Optimizing Behavior During Bank Robberies: Theory and Evidence on the Two Minute Rule Summary: I use data on individual bank robberies to estimate the distribution of criminals' disutility of jail. The identification rests on the money versus risk trade-off that criminals face when deciding whether to stay an additional minute while robbing the bank. The observed (optimal) duration of successful robberies identifies the individual compensating variation of jail, called disutility of jail. The distribution of the disutility which is often assumed to be degenerate, resembles instead an earnings distribution, and highlights heterogeneity in the response to deterrence. General deterrence effects are increasing in criminal's disutility. Details: Unpublished paper, 2014. 50p. Source: Internet Resource: Accessed May 13, 2015 at: http://www.ceistorvergata.it/public/ceis/file/seminari/2014/mastrobuoni.pdf Year: 2014 Country: Italy URL: http://www.ceistorvergata.it/public/ceis/file/seminari/2014/mastrobuoni.pdf Shelf Number: 135622 Keywords: DeterrencePunishmentRobbersRobberyRobbery (Italy)Sentencing Enhancements |