We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
THE ROLE OF SENTENCING IN CRIMINAL APPEALS: AN EXPLORATORY ANALYSIS OF TERRORISM APPEALS (1988-2015).
- Authors
MCCANN, WESLEY S.
- Abstract
The role of Circuit Courts in the adjudication process is an oftenunderstudied phenomenon. Most studies focus on the plea bargaining, trial, and sentencing phases of the criminal court process. Moreover, when studied within the context of terrorism, no study has focused on appellate outcomes of terrorists on direct appeal following trial. This study seeks to add to this gap in the literature by conducting an exploratory analysis of all terrorism appeals that occurred within Circuit Courts from 1988 to 2015. Using legal and content analysis, this study found that Circuit Courts are highly deferential to District Court decision-making when considering procedural or evidentiary challenges. However, when evaluating cases for issues that directly or indirectly relate to sentencing, Circuit Courts are much more active in altering cases, and voicing their discretion. Overall, Circuit Courts provide a much needed check on District Court discretion, even in appeals that deal with politically motivated crimes.
- Subjects
CRIMINAL sentencing; APPELLATE procedure (Criminal procedure); TERRORISM laws; CIRCUIT courts; PLEA bargaining
- Publication
University of La Verne Law Review, 2018, Vol 40, Issue 1, p1
- ISSN
1944-382X
- Publication type
Article