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Encouraging allocution at capital sentencing: a proposal for use immunity

Article Abstract:

The tension between self-incrimination risks and the right of allocution compromises the ability of capital punishment defendants to participate fully in the penalty phases of their bifurcated trials. The traditional right of defendants to confront their sentencers, known as allocution, is rarely exercised because defendants anticipating appeals do not want to waive their right against self-incrimination. Providing them with use immunity would ensure that their allocution rights would be genuine and would make capital cases more just and merciful.

Cases, Capital punishment, Self-incrimination, Self incrimination

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Brightening the line: properly identifying a vulnerable victim for purposes of Section 3A1.1 of the Federal Sentencing Guidelines

Article Abstract:

Section 3A1.1 of the Federal Sentencing Guidelines (Guidelines) permits judges to enhance the sentences of defendants whose crimes victimized especially vulnerable people. Factors indicative of heightened vulnerability include whether the victim was "otherwise particularly vulnerable." The breadth of this phrase has led to much disparity in sentences under the Guidelines. This disproportionality could be reduced by limiting application of Section 3A1.1 to cases where victims had traits that made them uniquely vulnerable.

Victims of crimes, Crime victims

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Precluding defendants from relitigating sentencing findings in subsequent civil suits

Article Abstract:

The author discusses the use of criminal sentencing fact findings as a basis for issue preclusion in civil suits and concludes such use should be adequate for preclusion in civil cases as it is in criminal cases.

Presumptions (Law)

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