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The United States Sentencing Guidelines place little emphasis on probability. Instead, the Guidelines recommend a sentence in each case based only on whether certain facts about the offender’s crime exceed a “threshold” level of likelihood. Guidelines sentences therefore fail to reflect the...
The article proposes a new model for the exclusion of evidence obtained as an indirect result of police illegality, which aims to strike the appropriate balance between the intrinsic and the extrinsic objectives of criminal evidence—truth seeking vis-à-vis procedural values. To this end, the...
In 2009 , New Mexico prospectively repealed the death penalty. Three years later in 2012 , New Mexico prosecuted a defendant for a capital murder that was committed before repeal, and it sought to subject him to the death penalty. If state prosecutors had prevailed with the jury, they would have...
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