Carissa Byrne Hessick

University of North Carolina School of Law

Ransdell Distinguished Professor

Van Hecke-Wettach Hall, 160 Ridge Road

CB #3380

Chapel Hill, NC 27599-3380

United States

SCHOLARLY PAPERS

52

DOWNLOADS
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Top 3,155

in Total Papers Downloads

17,175

SSRN CITATIONS
Rank 37,851

SSRN RANKINGS

Top 37,851

in Total Papers Citations

7

CROSSREF CITATIONS

13

Scholarly Papers (52)

1.

A Legal Labyrinth: Issues Raised by Arizona Senate Bill 1070

Georgetown Immigration Law Journal, Vol. 25, p. 47, 2010, Arizona Legal Studies Discussion Paper No. 10-24
Number of pages: 47 Posted: 29 May 2010 Last Revised: 11 Apr 2011
University of California, Davis - School of Law, University of North Carolina School of Law, University of Arizona College of Law and University of Arizona College of Law
Downloads 5,064 (2,541)

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SB 1070, Arizona, Immigration, Undocumented, Illegal Alien, Federalism, Arizona, Crimmigration, Preemption

2.

Disentangling Child Pornography from Child Sex Abuse

Washington University Law Review, Vol. 88, 2010, University of Utah College of Law Research Paper No. 34
Number of pages: 52 Posted: 28 Mar 2010 Last Revised: 08 Aug 2013
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 1,628 (16,399)

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child pornography, criminal sentencing, punishment, child sex abuse, child molestation

3.

Motive's Role in Criminal Punishment

Southern California Law Review, Vol. 80, 2006
Number of pages: 69 Posted: 03 Aug 2006
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 879 (40,319)
Citation 1

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motive, criminal law, punishment, sentencing

4.

Towards a Series of Academic Norms for #Lawprof Twitter

Marquette Law Review, Vol. 101, 2018, Forthcoming, UNC Legal Studies Research Paper
Number of pages: 22 Posted: 05 Jan 2018 Last Revised: 24 Mar 2018
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 668 (58,072)

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law professors, academic norms, Twitter

5.

The Myth of Common Law Crimes

Virginia Law Review, 2019 Vol. 105, No. (Forthcoming), UNC Legal Studies Research Paper
Number of pages: 56 Posted: 16 Mar 2018
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 658 (59,222)
Citation 1

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criminal law, conventional wisdom, separation of powers, due process, democratic accountability

6.

Race and Gender as Explicit Sentencing Factors

Journal of Gender, Race and Justice, Vol. 13, 2010
Number of pages: 13 Posted: 12 Feb 2010
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 457 (93,106)

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sentencing, criminal justice, criminal law, race, gender, discrimination

7.

Recognizing Constitutional Rights at Sentencing

California Law Review, Forthcoming
Number of pages: 50 Posted: 03 Mar 2010
F. Andrew Hessick and Carissa Byrne Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 399 (109,045)

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Sentencing, Constitutional Law, Criminal Law, Sentencing Factors

8.

Double Jeopardy as a Limit on Punishment

Cornell Law Review, Vol. 97, No. 3, 2012
Number of pages: 43 Posted: 07 Mar 2011
Carissa Byrne Hessick and F. Andrew Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 397 (109,663)

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double jeopardy, recidivism, sentencing, Fifth Amendment, Eighth Amendment

9.

Towards a Theory of Mitigation

Boston University Law Review, Vol. 96, 2016, Forthcoming, Ohio State Public Law Working Paper No. 297, University of Utah College of Law Research Paper No.118
Number of pages: 56 Posted: 14 May 2015 Last Revised: 22 Sep 2015
Carissa Byrne Hessick and Douglas A. Berman
University of North Carolina School of Law and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 379 (115,518)
Citation 1

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sentencing, criminal law, punishment, mitigation

10.

Corpus Linguistics and the Criminal Law

Brigham Young University Law Review, No. 4, 2018, Forthcoming, UNC Legal Studies Research Paper
Number of pages: 26 Posted: 07 Sep 2017 Last Revised: 22 Dec 2017
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 356 (123,858)
Citation 1

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criminal law, statutory interpretaion, textualism, notice, accountability, corpus linguistics

11.

Johnson v. United States and the Future of the Void-for-Vagueness Doctrine

NYU Journal of Law & Liberty, Vol. 10, No. 2015, Forthcoming, University of Utah College of Law Research Paper No. 131
Number of pages: 9 Posted: 21 Sep 2015 Last Revised: 22 Sep 2015
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 339 (130,686)

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vagueness, Due Process, Supreme Court

12.

Why are Only Bad Acts Good Sentencing Factors?

Boston University Law Review, Vol. 88, 2008, University of Utah College of Law Research Paper No. 38
Number of pages: 69 Posted: 10 Jun 2008 Last Revised: 08 Aug 2013
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 282 (158,295)

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punishment, sentencing, recidivism, good works, veterans, mitigation, aggravation

13.

Constraining Criminal Laws

Minnesota Law Review, Vol. 106, No. 2022 Forthcoming, UNC Legal Studies Research Paper
Number of pages: 71 Posted: 28 Apr 2021
F. Andrew Hessick and Carissa Byrne Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 278 (160,668)

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criminal law, statutory interpretation, textualism, purposivism, lenity, separation of powers, legal history

14.

The Prosecutors and Politics Project: National Study of Campaign Contributions in Prosecutor Elections

UNC Legal Studies Research Paper
Number of pages: 208 Posted: 18 Jul 2018 Last Revised: 06 Jun 2022
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 271 (164,948)

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campaign finance, prosecutors, elections, criminal justice

15.

The Expansion of Child Pornography Law

21 New Criminal Law Review, Forthcoming , UNC Legal Studies Research Paper
Number of pages: 16 Posted: 21 Apr 2018
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 271 (164,948)

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Child Pornography, Criminal Law, First Amendment, Texas, New Jersey

16.

Nondelegation and Criminal Law

Virginia Law Review, Vol. 107, 2020 Forthcoming, UNC Legal Studies Research Paper
Number of pages: 60 Posted: 16 Apr 2020
F. Andrew Hessick and Carissa Byrne Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 251 (177,933)

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Administrative Law, Criminal Law, Delegation, Nondelegation, Article I, agencies, Supreme Court

17.

Violence between Lovers, Strangers, and Friends

Washington University Law Review, Vol. 85, 2007, University of Utah College of Law Research Paper No. 37
Number of pages: 76 Posted: 08 May 2007 Last Revised: 08 Aug 2013
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 246 (181,487)

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stranger, violence, criminal law, punishment, fear of crime

18.

The Limits of Child Pornography

Indiana Law Journal, Vol. 89, 2014, University of Utah College of Law Research Paper No. 33
Number of pages: 52 Posted: 24 Mar 2013 Last Revised: 08 Aug 2013
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 243 (183,626)

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Child Pornography, Criminal Law, Criminal Punishment, First Amendment, Sex Offenders

19.

Child Pornography Sentencing in the Sixth Circuit

University of Dayton Law Review, Vol. 41, 2016, Forthcoming, University of Utah College of Law Research Paper No. 150
Number of pages: 33 Posted: 24 Dec 2015 Last Revised: 02 Mar 2016
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 224 (198,513)

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child pornography, sentencing, Sixth Amendment, Sixth Circuit, appellate review

20.

Introduction: Refining Child Pornography Law: Crime, Language, and Social Consequences

Refining Child Pornography Law: Crime, Language, and Social Consequences (Michigan Univ. Press 2016), UNC Legal Studies Research Paper No. 2802651
Number of pages: 22 Posted: 02 Jul 2016
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 215 (206,255)

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child pornography, child sex abuse, First Amendment, criminal law, criminal sentencing

21.

Sixth Amendment Sentencing after Hurst

UCLA Law Review, Vol. 66, 2018 Forthcoming, UNC Legal Studies Research Paper
Number of pages: 69 Posted: 07 Mar 2018
Carissa Byrne Hessick and William W. Berry
University of North Carolina School of Law and University of Mississippi School of Law
Downloads 206 (214,560)

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jury trial, sentencing, Sixth Amendment, Apprendi, Supreme Court

22.

Civilizing Criminal Settlements

97 B.U. L. Rev. 1607 (2017), UNC Legal Studies Research Paper
Number of pages: 54 Posted: 31 Mar 2017 Last Revised: 23 Oct 2017
Russell M. Gold, Carissa Byrne Hessick and F. Andrew Hessick
University of Alabama School of Law, University of North Carolina School of Law and University of North Carolina School of Law
Downloads 203 (217,538)
Citation 1

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Criminal Law, Criminal Procedure, Civil Procedure, Courts, Settlements, Plea Bargains

23.

Picking Prosecutors

Iowa Law Review, Vol. 105, No. 4, 2020, UNC Legal Studies Research Paper
Number of pages: 54 Posted: 16 Apr 2020 Last Revised: 29 Jul 2020
Carissa Byrne Hessick and Michael Morse
University of North Carolina School of Law and University of Chicago Law School
Downloads 190 (230,669)
Citation 1

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prosecutors, elections, local government, criminal justice reform

24.

Vagueness Principles

Arizona State Law Journal, Vol. 50, 2017 Forthcoming, UNC Legal Studies Research Paper No. 2837743
Number of pages: 34 Posted: 14 Sep 2016
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 184 (237,180)

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void for vagueness, due process, prosecutorial discretion, notice, arbitrary enforcement, vagueness doctrine

25.

Ineffective Assistance at Sentencing

50 Boston College Law Review 1069 (2009)
Number of pages: 54 Posted: 05 May 2009 Last Revised: 23 Sep 2013
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 176 (246,392)

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sentencing, sixth amendment, ineffective assistance of counsel

26.

The Prosecutor Lobby

Washington and Lee Law Review, Forthcoming, UNC Legal Studies Research Paper
Number of pages: 69 Posted: 17 Apr 2022
Carissa Byrne Hessick, Ronald F. Wright and Jessica Pishko
University of North Carolina School of Law, Wake Forest University - School of Law and Independent
Downloads 171 (252,412)

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Prosecutors, Crime Politics, Crime Legislation, Legislative Lobbying

27.

Arizona’s S.B. 1070: Separating Fact from Fiction

1 Law Journal for Social Justice 44 (2011)
Number of pages: 7 Posted: 12 Jul 2012
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 158 (269,731)

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Immigration, S.B. 1070, Arizona, Fact Check

28.

Procedural Rights at Sentencing

Notre Dame Law Review, Vol. 90, 2014 Forthcoming, University of Utah College of Law Research Paper, No. 80
Number of pages: 54 Posted: 29 Apr 2014 Last Revised: 14 Jun 2014
Carissa Byrne Hessick and F. Andrew Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 152 (278,251)

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criminal sentencing, trial rights, constiutional rights, judicial discretion, United States v. Booker, Sixth Amendment, Due Process, jury trial right, Ex Post Facto Clause, proof beyond a reasonable doubt

29.

Beckles v. United States -- Amici Curiae Brief of Scholars of Criminal Law, Federal Courts, and Sentencing in Support of Petitioner

UNC Legal Studies Research Paper No. 2826523
Number of pages: 48 Posted: 22 Aug 2016
Carissa Byrne Hessick, Leah Litman and Douglas A. Berman
University of North Carolina School of Law, University of Michigan Law School and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 149 (282,904)

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due process, vagueness, retroactivity, Supreme Court

30.

Appellate Review of Sentencing Decisions

Alabama Law Review, Vol. 60, No. 1, 2008
Number of pages: 50 Posted: 31 Jul 2008 Last Revised: 27 Oct 2008
Carissa Byrne Hessick and F. Andrew Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 141 (295,553)

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sentencing, standards of review, appellate practice, Supreme Court

31.

Juveniles, Sex Offenses, and the Scope of Substantive Law

46 Texas Tech L. Rev. (2013), Forthcoming, University of Utah College of Law Research Paper No. 35
Number of pages: 21 Posted: 12 Jul 2013 Last Revised: 08 Aug 2013
Carissa Byrne Hessick and Judith M. Stinson
University of North Carolina School of Law and Arizona State University (ASU) - Sandra Day O'Connor College of Law
Downloads 140 (297,216)

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sex offenses, juvenile offenders, juvenile justice, statutory rape, child pornography

32.

Appellate Review of Sentencing Policy Decisions after Kimbrough

Marquette Law Review, Vol. 93, 2009
Number of pages: 27 Posted: 15 Jul 2009
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 138 (300,583)

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federal sentencing guidelines, appellate review, supreme court, sentencing

33.

United States v. Matchett (11th Cir.) -- Brief of Law Professors as Amicus Curiae in Support of Defendant-Appellant

University of Utah College of Law Research Paper No. 137
Number of pages: 26 Posted: 18 Oct 2015 Last Revised: 01 Jul 2016
Carissa Byrne Hessick and Douglas A. Berman
University of North Carolina School of Law and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 137 (302,287)
Citation 5

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sentencing, sentencing guidelines, due process clause, vagueness doctrine, void for vagueness, United States v. Booker

34.

Rita, Claiborne, and the Courts of Appeals' Attachment to the Sentencing Guidelines

Federal Sentencing Reporter, Vol. 19, No. 3, 2007
Number of pages: 18 Posted: 11 Mar 2007
Carissa Byrne Hessick and F. Andrew Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 124 (325,760)

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sentencing, appellate review, criminal law

35.

The Sixth Amendment Sentencing Right and Its Remedy

North Carolina Law Review, Vol. 99, 2021 Forthcoming, UNC Legal Studies Research Paper
Number of pages: 35 Posted: 10 Feb 2021
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 122 (329,586)

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sentencing, Sixth Amendment, Supreme Court, discretion, jury

36.

Post-Booker Leniency in Child Pornography Sentencing

Federal Sentencing Reporter, Vol. 24, No. 2, December 2011, University of Utah College of Law Research Paper No. 36
Number of pages: 14 Posted: 29 Oct 2011 Last Revised: 08 Aug 2013
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 120 (333,494)

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child pornography, sentencing, judicial discretion, sentencing guidelines, sex offenders

37.

Election Contestation and Progressive Prosecutors

Ohio State Journal of Criminal Law, Forthcoming
Number of pages: 26 Posted: 23 May 2021
Ronald F. Wright, Jeff Yates and Carissa Byrne Hessick
Wake Forest University - School of Law, Binghamton University - Department of Political Science and University of North Carolina School of Law
Downloads 118 (337,532)

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Prosecutors, Elections, Progressive Prosecutors, Crime Politics

38.

Transcript - Conference on the Ethics of Legal Scholarship

Marquette Law Review, Vol. 101, No. 4, 2018, Marquette Law School Legal Studies Paper No. 18-20, U Denver Legal Studies Research Paper No. 18-23, University of Utah College of Law Research Paper No. 273
Number of pages: 131 Posted: 25 Jul 2018 Last Revised: 14 Aug 2018
Florida A & M University College of Law, Florida International University (FIU) - College of Law, University of Utah - S.J. Quinney College of Law, University of St. Thomas School of Law (Minnesota), University of North Carolina School of Law, University of Alabama School of Law, Marquette University - Law School, Marquette University - Law School, Marquette University - Law School, University of Denver Sturm College of Law and Georgetown University Law Center
Downloads 118 (337,532)

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ethics, legal scholarship, candor, neutrality, law schools, law professors, legal academy, law reviews

39.

Criminal Clear Statement Rules

Washington University Law Review, Vol. 97, 2019, Forthcoming
Number of pages: 72 Posted: 24 May 2019
Carissa Byrne Hessick and Joseph Edward Kennedy
University of North Carolina School of Law and University of North Carolina
Downloads 105 (365,787)

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criminal law, statutory interpretation, presumptions, clear statement rule

40.

The Non-Redelegation Doctrine

William & Mary Law Review, Vol. 55, No. 1, (2013, Forthcoming)
Number of pages: 48 Posted: 12 Jun 2013
F. Andrew Hessick and Carissa Byrne Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 90 (403,826)

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administrative law, federal sentencing, delegation, sentencing commission, separation of powers, non-delegation doctrine

41.

Prioritizing Policy Before Practice after Booker

Federal Sentencing Reporter, Vol. 18, No. 3, February 2006
Number of pages: 3 Posted: 09 May 2006 Last Revised: 09 Jul 2015
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 84 (421,085)

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Sentencing, Booker, Sentencing Guidelines

42.

Betterman v. Montana and the Underenforcement of Constitutional Rights at Sentencing

Ohio State Journal of Criminal Law, Vol. 14, No. 1, Forthcoming , UNC Legal Studies Research Paper No. 2847124
Number of pages: 18 Posted: 07 Oct 2016
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 79 (436,358)

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Sixth Amendment, speedy trial, sentencing, Supreme Court

43.

Proving Prejudice for Ineffective Assistance Claims After Frye

Federal Sentencing Reporter, Vol. 5, December 2012
Number of pages: 5 Posted: 25 Oct 2012
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 78 (439,550)

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ineffective assistance, right to counsel, sentencing, prejudice

44.

Finality and the Capital/Non-Capital Punishment Divide

Final Judgments: The Death Penalty in American Law and Culture (A. Sarat ed.), 2017; ISBN-10: 1107155487, UNC Legal Studies Research Paper
Number of pages: 40 Posted: 04 Dec 2017
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 77 (442,773)

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capital punishment, sentencing, death penalty, finality, rehabilitation, life without parole, juvenile offenders

45.

DNA Exonerations and the Elusive Promise of Criminal Justice Reform

Ohio State Journal of Criminal Law, Vol. 15, 2017, No. Forthcoming, UNC Legal Studies Research Paper
Number of pages: 10 Posted: 10 Aug 2017
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 70 (466,406)

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book review, DNA exonerations, criminal justice reform

46.

Understanding Uncontested Prosecutor Elections

American Criminal Law Review, Vol. 60, Forthcoming, 2022
Number of pages: 52 Posted: 10 Jun 2022
Carissa Byrne Hessick, Sarah Treul and Alexander Love
University of North Carolina School of Law, University of North Carolina (UNC) at Chapel Hill - College of Arts and Sciences and University of North Carolina (UNC) at Chapel Hill, Department of Political Science
Downloads 66 (480,825)

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prosecutors, elections

47.

An Interdisciplinary Introduction to Punishment

New Criminal Law Review, Vol. 11, pp. 498-503, 2008
Number of pages: 4 Posted: 19 Oct 2008
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 59 (508,249)

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48.

Five Years of Appellate Problems after Booker

Federal Sentencing Reporter, Vol. 22, p. 85, 2009
Number of pages: 7 Posted: 12 Mar 2010
F. Andrew Hessick and Carissa Byrne Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 49 (552,058)

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49.

Booker in the Circuits: Backlash or Balancing Act?

6 HLRe (2015, Forthcoming), University of Utah College of Law Research Paper No. 117
Number of pages: 8 Posted: 18 Apr 2015 Last Revised: 09 Jul 2015
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 43 (581,623)

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sentencing, Booker, Sixth Amendment, appellate review

50.

A Critical View of the Sentencing Commission's Recent Recommendations to 'Strengthen the Guidelines System'

Houston Law Review, Vol. 51, No. 5, 2014, University of Utah College of Law Research Paper No. 50
Number of pages: 34 Posted: 05 Dec 2013 Last Revised: 27 Jan 2014
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 42 (586,990)

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sentencing, U.S. Sentencing Commission, United States v. Booker, Sixth Amendment

51.

State v. Holle (Arizona State Supreme Court) -- Amici Curiae Brief of Law Professors in Support of Respondent's motion for reconsideration

UNC Legal Studies Research Paper No. 2848367
Number of pages: 15 Posted: 08 Oct 2016
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 41 (592,327)

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due process, vagueness, element, affirmative defense, Arizona

52.

The Prosecutors and Politics Project: Prosecutor Lobbying in the States, 2015-2018

UNC Legal Studies Research Paper No. 4129164
Number of pages: 315 Posted: 11 Jun 2022
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 40 (597,882)

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prosecutors, lobbying, state legislatures

Other Papers (1)

Total Downloads: 11
1.

Draft Motion in Demand of a Sentencing Jury for an Arizona Defendant

Number of pages: 5 Posted: 12 Feb 2017
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 11

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