One more legacy of Rodney King; U.S. Supreme Court ruling affirms trial court discretion in sentencing
Article Abstract:
The Supreme Court upheld the downward departures from the US Sentencing Commission sentencing range granted Stacey C. Koon and Laurence M. Powell, the two policemen in the Rodney King beating case convicted of violating King's civil rights. The Supreme Court did have some reservations but its support for the departure mechanism could signal that lower courts have more discretion to use departures from the Federal Sentencing Guidelines. The proper standard of review for departures was the central question in the Koon ruling and the court decided on an abuse-of-discretion standard.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
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Back to the commerce clause: the Supreme Court has yet to reveal the true significance of Lopez
Article Abstract:
The US Supreme Court held that the Gun-Free School Zones Act of 1990 was too broad a use of the commerce clause federal powers United States v. Lopez. The case involved the prosecution of Alfonso Lopez who was hired to give a handgun to a student at the Edison High School. The ruling held that possession of the gun was not a commercial activity despite Lopez having been hired to deliver it and that some limit on commerce clause powers was necessary to prevent overwhelming federal interference. Other rulings contradict this one as far as the definition of commerce.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
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