FRINK Linked Data Fragments server

Matches in SemOpenAlex for { <https://semopenalex.org/work/W879661814> ?p ?o ?g. }

• W879661814 startingPage "467" @default.
• W879661814 abstract "I am a career prosecutor with U.S. Department of Justice, and I have been instructed to begin by stating that I am submitting this comment in my personal and not my professional capacity. My Department certainly knows virtue of starting off a piece with a compelling opening line.For more than twenty-five years, I have been a violent crime prosecutor in a city that has suffered more than its share of street tragedy. The caseloads that I once maintained as a line attorney and now supervise as a manager are dauntingly high: average misdemeanor prosecutor handles as many as 150 cases at a time, average felony prosecutor as many as 50 to 75, even average homicide prosecutor in excess of 15 or 20. The motions practice is very high-volume but predominantly centers on defense evidentiary challengers under Fourth and Fifth Amendments, and subject matters can be repetitive. I would not say that practice on a day-to-day basis involves an array of refined legal issues. In fact, it could probably be summed up in two words: boilerplate responses. So I am not necessarily best qualified person to address acuity of this Note's analysis or rigorousness of its research. On that point, I can at least say that, even though it has been many years since I reviewed a piece of legal scholarship, I do know good writing when I see it, and this is not good but excellent writing: cogent, well-phrased, wellargued across board, and a joy to read. I never thought I would write last four words of previous sentence about a law review article.Having said that, if I can make a useful contribution to this publication it is not as a sophisticated legal commentator but rather-channeling here my inner David Foster Wallace-as an emissary from real world. Mine is a world where issues that Note discusses have very real potential consequences for defendants, victims, and public servants who labor (more than public we serve has any idea) to achieve justice in every case that comes before us.Let me start by recounting an anecdote about first time that a significant case of mine was affected by case, Apprendi v. New Jersey,1 that started movement discussed in Note.2 Twenty-one years ago, I took to trial a defendant who had committed a double homicide almost unimaginable in its brutality. Following his conviction, defendant was sentenced to two terms of life without parole based on aggravating factor of unique atrociousness of his crimes. Without exploring garish details, suffice it to say that murders were of such a nature that any reasonable person would believe it important in a civilized society for sentence of that defendant to state unequivocally that he would spend rest of his days in jail. The atrociousness of murders was never questioned by defense at trial, which simply argued before jury that, however horrific they were, they were committed by someone other than defendant. On appeal, defendant's convictions were affirmed, but his sentence was ultimately reduced because Court of Appeals retroactively found an Apprendi violation in that grand jury had not been asked to consider and specifically find in its indictment aggravating factor of atrociousness-notwithstanding that that matter was never debated and was always conceded by defense at trial. While defendant still received a lengthy term of incarceration at his post-appeal resentencing, he retains hope, albeit slight, of one day knowing freedom again. The Note refers several times to the Apprendi Revolution.3 To carry metaphor one step further, it might be said in retrospect that, in at least this case, cause of just and appropriate sentencing was hit by a stray jurisprudential Molotov cocktail in that revolution.Looking at more narrow issue discussed in Note, if it is not ultimately resolved in manner endorsed by author-with survival of prior conviction exception4-the implications for countless criminal prosecutions in every state in nation would be vast. …" @default.
• W879661814 created "2016-06-24" @default.
• W879661814 creator A5075171647 @default.
• W879661814 date "2015-01-01" @default.
• W879661814 modified "2023-09-24" @default.
• W879661814 title "Comment on The Prior Convictions Exception: Examining the Continuing Viability of Almendarez-Torres Under Alleyne" @default.
• W879661814 hasPublicationYear "2015" @default.
• W879661814 type Work @default.
• W879661814 sameAs 879661814 @default.
• W879661814 citedByCount "0" @default.
• W879661814 crossrefType "journal-article" @default.
• W879661814 hasAuthorship W879661814A5075171647 @default.
• W879661814 hasConcept C139621336 @default.
• W879661814 hasConcept C144024400 @default.
• W879661814 hasConcept C17744445 @default.
• W879661814 hasConcept C199539241 @default.
• W879661814 hasConcept C2777239683 @default.
• W879661814 hasConcept C2777278149 @default.
• W879661814 hasConcept C2778061430 @default.
• W879661814 hasConcept C2778252816 @default.
• W879661814 hasConceptScore W879661814C139621336 @default.
• W879661814 hasConceptScore W879661814C144024400 @default.
• W879661814 hasConceptScore W879661814C17744445 @default.
• W879661814 hasConceptScore W879661814C199539241 @default.
• W879661814 hasConceptScore W879661814C2777239683 @default.
• W879661814 hasConceptScore W879661814C2777278149 @default.
• W879661814 hasConceptScore W879661814C2778061430 @default.
• W879661814 hasConceptScore W879661814C2778252816 @default.
• W879661814 hasIssue "1" @default.
• W879661814 hasLocation W8796618141 @default.
• W879661814 hasOpenAccess W879661814 @default.
• W879661814 hasPrimaryLocation W8796618141 @default.
• W879661814 hasRelatedWork W1057878251 @default.
• W879661814 hasRelatedWork W126944775 @default.
• W879661814 hasRelatedWork W1504467072 @default.
• W879661814 hasRelatedWork W1549342259 @default.
• W879661814 hasRelatedWork W1784713775 @default.
• W879661814 hasRelatedWork W2045193109 @default.
• W879661814 hasRelatedWork W2077492274 @default.
• W879661814 hasRelatedWork W2346853746 @default.
• W879661814 hasRelatedWork W239623569 @default.
• W879661814 hasRelatedWork W2464012383 @default.
• W879661814 hasRelatedWork W2747251183 @default.
• W879661814 hasRelatedWork W303454994 @default.
• W879661814 hasRelatedWork W3115444308 @default.
• W879661814 hasRelatedWork W3123235269 @default.
• W879661814 hasRelatedWork W3156086021 @default.
• W879661814 hasRelatedWork W37897637 @default.
• W879661814 hasRelatedWork W82043381 @default.
• W879661814 hasRelatedWork W865730343 @default.
• W879661814 hasRelatedWork W2770466498 @default.
• W879661814 hasRelatedWork W2970472587 @default.
• W879661814 hasVolume "72" @default.
• W879661814 isParatext "false" @default.
• W879661814 isRetracted "false" @default.
• W879661814 magId "879661814" @default.
• W879661814 workType "article" @default.