American Criminal Law Review

American Criminal Law Review is a magazine covering criminal law in the U.S. It is published quarterly by Georgetown University Law Center.Subjects for American Criminal Law Review include: Police, Penology, and Penal Institutions; Law.

Articles from Vol. 35, No. 1, Fall

A New "Sliding Scale of Deference" Approach to Abuse of Discretion: Appellate Review of District Court Departures under the Federal Sentencing Guidelines
I. INTRODUCTION II. SENTENCING IN THE FEDERAL COURTS: A HISTORICAL OVERVIEW III. PRINCIPLES OF APPELLATE REVIEW A. Clearly Erroneous Review for Factual Findings B. De Novo Review for Questions of Law C. Review of Mixed Questions D....
Auspices of Austin: Examining Excessivenss of Civil Forfeitures under the Eighth Amendment
I. INTRODUCTION II. AUSPICES OF AUSTIN A. The Inauspiciousness of Austin B. Instigators of Instrumentality C. Proponents of Proportionality D. Moguls of Mixing III. ANALYSIS A. Instrumentality Tests B. Mixed Theories IV. EPILOGUE:...
Cell Phone Snooping: Why Electronic Eavesdropping Goes Unpunished
I. Introduction II. The Technology III. Federal Statutory Scheme and its History A. Federal Communications Act of 1934 B. Title III of the Omnibus Crime Control and Safe Streets Act of 1968 C. Electronic Communication Privacy Act of...
Congress V. the Attorney-Client Privilege: A "Full and Frank" Discussion
I. INTRODUCTION II. CONGRESS'S POWER TO INVESTIGATE III. THE ATTORNEY-CLIENT PRIVILEGE IV. WHY CONGRESS HAS DISCRETION TO OVERRULE THE PRIVILEGE A. Legislative History and Practice B. Judicial Precedents C. Constitutional Law D. The Attorney-Client...
Pension Forfeiture: A Problematic Sanction for Public Corruption
I. INTRODUCTION II. DESCRIPTION AND COMPARISON OF PENSION FORFEITURE STATUTES. A. Who Imposes the Sanction and When B. To Whom the Statutes Apply C. Offenses Which Trigger Pension Forfeiture D. Full vs. Partial Forfeiture E. Mandatory...
Thou Shalt Not Kill Any Nice People: The Problem of Victim Impact Statements in Capital Sentencing
I. INTRODUCTION II. THE LAW OF VICTIM IMPACT STATEMENTS IN CAPITAL SENTENCING A. The Constitutionality of Victim Impact Statements in Capital Sentencing 1. Booth v. Maryland and South Carolina v. Gathers 2. Payne v. Tennessee...
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