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Sentencing: Procedural Protection


BEALE, SARA SUN. "Procedural Issues Raised by Guidelines Sentencing: The Constitutional Significance of the 'Elements of the Sentence."' William and Mary Law Review 35 (Fall 1993): 147–162.

Federal Rules of Evidence Committee, American College of Trial Lawyers. "The Law of Evidence in Federal Sentencing Proceedings." Federal Rules Decisions 177 (1998): 513–529.

FORDE, MICHAEL K. "Note, The Exclusionary Rule at Sentencing: A New Life Under the Federal Sentencing Guidelines?" American Criminal Law Review 33 (Winter 1996): 379–409.

GREENWALD, LAUREN. "Note, Relevant Conduct and the Impact of the Preponderance Standard of Proof Under the Federal Sentencing Guidelines: A Denial of Due Process." Vermont Law Review 18 (Winter 1994): 529–563.

HERMAN, SUSAN N. "The Tail That Wagged the Dog: Bifurcated Fact-Finding Under the Federal Sentencing Guidelines and the Limits of Due Process." Southern California Law Review 66 (November 1992): 289–356.

HOFFMAN, DAVID A. "Note, The Federal Sentencing Guidelines and Confrontation Rights." Duke Law Journal 42 (November 1992): 382–418.

JOH, ELIZABETH E. "Comment, 'If It Suffices to Accuse': United States v. Watts and the Reassessment of Acquittals." New York University Law Review 74 (June 1999): 887–913.

LAFAVE, WAYNE R., and ISRAEL, JEROLD. Criminal Procedure, 2nd ed. St. Paul, Minn.: West Publishing, 1992.

MAVEAL, GARY M. "Federal Presentence Reports: Multi-Tasking at Sentencing." Seton Hall Law Review 26, no. 2 (1992): 544–596.

Note. "An Argument for Confrontation Under the Federal Sentencing Guidelines." Harvard Law Review 105 (June 1992): 1880–1899.

Note. "Awaiting the Mikado: Limiting Legislative Discretion to Define Criminal Elements and Sentencing Factors." Harvard Law Review 112 (April 1999): 1349–1366.

PRIESTER, BENJAMIN J. "Sentenced for a 'Crime' The Government Did Not Prove: Jones v. United States and the Constitutional Limitations on Fact-finding by Sentencing Factors Rather than the Elements of the Offense." Law and Contemporary Problems 61 (Autumn 1998): 249–298.

REITZ, KEVIN R. "Sentencing Facts: Travesties of Real-Offense Sentencing." Stanford Law Review 45 (February 1993): 523–573.

SALKY, STEVEN M., and BROWN, BLAIR G. "The Preponderance of Evidence Standard at Sentencing." American Criminal Law Review 29 (Spring 1992): 907–918.

SLATKIN, STEPHANIE C. "Note, The Standard of Proof at Sentencing Hearings Under the Federal Sentencing Guidelines: Why the Preponderance of the Evidence Standard is Constitutionally Inadequate." University of Illinois Law Review 1997, no. 2 (1997): 583–609.

YOUNG, DEBORAH. "Fact-Finding at Federal Sentencing: Why the Guidelines Should Meet the Rules." Cornell Law Review 79 (January 1994): 299–373.

Additional topics

Law Library - American Law and Legal InformationCrime and Criminal LawSentencing: Procedural Protection - Constitutional Requirements At Sentencing, Constitutional Protections That Are Not Applicable At Sentencing, The Critique Of Williams And Its Progeny