Enhancing sentences for past crimes of violence: the unlikely intersection of illegal reentry and sex crimes.: An article from: Journal of Criminal Law and Criminology
Book Details
Author(s)Abby Pringle
ISBN / ASINB003COU6NW
ISBN-13978B003COU6N3
AvailabilityAvailable for download now
MarketplaceUnited States 🇺🇸
Description
This digital document is an article from Journal of Criminal Law and Criminology, published by Northwestern University, School of Law on September 22, 2009. The length of the article is 15204 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available immediately after purchase. You can view it with any web browser.
From the author: This Comment explores the evolving understanding of when a sex offense may (and should) be considered a crime of violence sufficient to elicit the maximum enhancement available for illegal reentry crimes under the Federal Sentencing Guidelines. The meaning of the term "forcible sex offense," though appearing in the commentary applicable only to a single Guideline, has created a persistent circuit split with implications for the development of Guidelines sentencing, the criminalization of immigration offenses, and state laws defining sexual offenses. This Comment introduces the Guidelines sentencing regime and conventions or judicial interpretation that serve as the foundation for the controversy, examines the state and federal laws at issue, and discusses origins of the split and the practical effects of its resolution for several areas of law, ultimately recommending that the Commission create a separate category of enhancement for sex offenses outside the crime of violence context.
Citation Details
Title: Enhancing sentences for past crimes of violence: the unlikely intersection of illegal reentry and sex crimes.
Author: Abby Pringle
Publication:Journal of Criminal Law and Criminology (Magazine/Journal)
Date: September 22, 2009
Publisher: Northwestern University, School of Law
Volume: 99 Issue: 4 Page: 1195(31)
Distributed by Gale, a part of Cengage Learning
From the author: This Comment explores the evolving understanding of when a sex offense may (and should) be considered a crime of violence sufficient to elicit the maximum enhancement available for illegal reentry crimes under the Federal Sentencing Guidelines. The meaning of the term "forcible sex offense," though appearing in the commentary applicable only to a single Guideline, has created a persistent circuit split with implications for the development of Guidelines sentencing, the criminalization of immigration offenses, and state laws defining sexual offenses. This Comment introduces the Guidelines sentencing regime and conventions or judicial interpretation that serve as the foundation for the controversy, examines the state and federal laws at issue, and discusses origins of the split and the practical effects of its resolution for several areas of law, ultimately recommending that the Commission create a separate category of enhancement for sex offenses outside the crime of violence context.
Citation Details
Title: Enhancing sentences for past crimes of violence: the unlikely intersection of illegal reentry and sex crimes.
Author: Abby Pringle
Publication:Journal of Criminal Law and Criminology (Magazine/Journal)
Date: September 22, 2009
Publisher: Northwestern University, School of Law
Volume: 99 Issue: 4 Page: 1195(31)
Distributed by Gale, a part of Cengage Learning
