Criminal law - sentencing guidelines - Second Circuit rejects Fifth Amendment challenge to disclosure criteria under the federal Sentencing Guidelines
Article Abstract:
The US Court of Appeals for the 2d Circuit in US v. Cruz offered insufficient justification of its rejection of a defendant's contention in a federal drug case that the "safety valve" provision of the government's drug sentencing guidelines was constitutionally infirm. Offenders subject to mandatory minimum prison terms under federal sentencing guidelines may be given a reduced sentence if they disclose all "relevant conduct" concerning the offense that were part of the same course of conduct as the charged offense. The provision gives prosecutors sentencing discretion that properly belongs with the federal courts.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
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First Amendment -- commercial speech -- Fifth Circuit upholds a federal ban on casino advertising
Article Abstract:
The US Court of Appeals for the 5th Circuit, in Greater New Orleans Broadcasting Ass'n v. US, sustained the constitutionality of a federal law that forbid the advertising of casino gambling. The Court thus disregarded the enhanced protections for commercial speech established by the Supreme Court. The Court's approval of government paternalism in this area may undermine basic First Amendment rights.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
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The right to silence helps the innocent: a game-theoretic analysis of the Fifth Amendment privilege
Article Abstract:
The authors use game theory to determine whether the right against self incrimination under the Fifth Amendment benefits innocent parties by helping judges distinguish between guilty and innocent defendants. The argument that only criminals benefit from the right to silence is refuted.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2000
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