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Criminal Law

: Sentencing Law and Policy

"Rethinking Recidivist Enhancements: The Role of Prior Drug Convictions in Federal Sentencing"

By Douglas A. Berman

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The title of this post is the title of this important new article by Sarah Russell just published in the UC Davis Law Review.  The article analyzes recidivist enhancements based on prior drug convictions from a policy perspective, and also introduces an approach for challenging the application of these enhancements using the Supreme Court's decision in Shepard.  Here is the abstract: Recidivist sentencing enhancements, which increase criminal sentences for defendants with prior convictions, are a prominent feature of the federal criminal justice system.  This Article considers the policy rationales supporting recidivist enhancements and reexamines them in light of two recent Supreme Court cases, United States v. Booker and Shepard v. United States...continue to full post

Full post as published by Sentencing Law and Policy on May 10, 2010 (boomark / email).

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