Carissa Byrne Hessick

University of North Carolina (UNC) at Chapel Hill - School of Law

Ransdell Distinguished Professor

Van Hecke-Wettach Hall, 160 Ridge Road

CB #3380

Chapel Hill, NC 27599-3380

United States

SCHOLARLY PAPERS

33

DOWNLOADS
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CITATIONS
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Top 26,971

in Total Papers Citations

9

Scholarly Papers (33)

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
Gabriel "Jack" Chin, Carissa Byrne Hessick, Toni M. Massaro and Marc L. Miller
University of California, Davis - School of Law, University of North Carolina (UNC) at Chapel Hill - School of Law, University of Arizona College of Law and University of Arizona - James E. Rogers College of Law
Downloads 4,777 (1,050)

Abstract:

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 (UNC) at Chapel Hill - School of Law
Downloads 1,280 (9,428)

Abstract:

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 (UNC) at Chapel Hill - School of Law
Downloads 433 (42,703)
Citation 2

Abstract:

motive, criminal law, punishment, sentencing

4.

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 (UNC) at Chapel Hill - School of Law and University of North Carolina (UNC) at Chapel Hill - School of Law
Downloads 322 (69,886)
Citation 1

Abstract:

Sentencing, Constitutional Law, Criminal Law, Sentencing Factors

5.

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 (UNC) at Chapel Hill - School of Law and University of North Carolina (UNC) at Chapel Hill - School of Law
Downloads 306 (71,143)

Abstract:

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

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 (UNC) at Chapel Hill - School of Law
Downloads 293 (66,083)

Abstract:

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

7.

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 (UNC) at Chapel Hill - School of Law and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 226 (88,473)

Abstract:

sentencing, criminal law, punishment, mitigation

8.

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 (UNC) at Chapel Hill - School of Law
Downloads 212 (102,446)
Citation 2

Abstract:

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

9.

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 (UNC) at Chapel Hill - School of Law
Downloads 194 (116,964)
Citation 1

Abstract:

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

10.

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 (UNC) at Chapel Hill - School of Law
Downloads 143 (155,398)

Abstract:

sentencing, sixth amendment, ineffective assistance of counsel

11.

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 (UNC) at Chapel Hill - School of Law
Downloads 128 (146,845)

Abstract:

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

12.

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 (UNC) at Chapel Hill - School of Law
Downloads 122 (177,880)
Citation 1

Abstract:

federal sentencing guidelines, appellate review, supreme court, sentencing

13.

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 (UNC) at Chapel Hill - School of Law and University of North Carolina (UNC) at Chapel Hill - School of Law
Downloads 119 (182,293)
Citation 2

Abstract:

sentencing, standards of review, appellate practice, Supreme Court

14.

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 (UNC) at Chapel Hill - School of Law and University of North Carolina (UNC) at Chapel Hill - School of Law
Downloads 117 (185,838)

Abstract:

sentencing, appellate review, criminal law

15.

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 (UNC) at Chapel Hill - School of Law
Downloads 95 (209,533)

Abstract:

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

16.

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 (UNC) at Chapel Hill - School of Law and University of North Carolina (UNC) at Chapel Hill - School of Law
Downloads 93 (191,905)

Abstract:

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

17.

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 (UNC) at Chapel Hill - School of Law and Arizona State University (ASU) - Sandra Day O'Connor College of Law
Downloads 86 (208,093)

Abstract:

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

18.

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 (UNC) at Chapel Hill - School of Law
Downloads 80 (96,900)

Abstract:

vagueness, Due Process, Supreme Court

19.

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 (UNC) at Chapel Hill - School of Law
Downloads 71 (257,054)

Abstract:

Sentencing, Booker, Sentencing Guidelines

20.

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 (UNC) at Chapel Hill - School of Law and University of North Carolina (UNC) at Chapel Hill - School of Law
Downloads 60 (269,566)

Abstract:

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

21.

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 (UNC) at Chapel Hill - School of Law
Downloads 55 (276,325)

Abstract:

ineffective assistance, right to counsel, sentencing, prejudice

22.

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 (UNC) at Chapel Hill - School of Law
Downloads 45 (314,492)

Abstract:

23.

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 (UNC) at Chapel Hill - School of Law and University of North Carolina (UNC) at Chapel Hill - School of Law
Downloads 36 (348,206)

Abstract:

24.

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 (UNC) at Chapel Hill - School of Law
Downloads 30 (305,988)

Abstract:

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

25.

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 (UNC) at Chapel Hill - School of Law
Downloads 27 (373,870)

Abstract:

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

26.

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 (UNC) at Chapel Hill - School of Law
Downloads 23 (377,926)

Abstract:

sentencing, Booker, Sixth Amendment, appellate review

27.

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 (UNC) at Chapel Hill - School of Law
Downloads 0 (395,764)

Abstract:

due process, vagueness, element, affirmative defense, Arizona

28.

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 (UNC) at Chapel Hill - School of Law
Downloads 0 (303,276)

Abstract:

Sixth Amendment, speedy trial, sentencing, Supreme Court

29.

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 (UNC) at Chapel Hill - School of Law
Downloads 0 (311,598)

Abstract:

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

30.

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 M. Litman and Douglas A. Berman
University of North Carolina (UNC) at Chapel Hill - School of Law, University of California, Irvine School of Law and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 0 (218,338)

Abstract:

due process, vagueness, retroactivity, Supreme Court

31.

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 (UNC) at Chapel Hill - School of Law
Downloads 0 (219,909)

Abstract:

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

32.

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 (UNC) at Chapel Hill - School of Law
Downloads 0 (126,833)

Abstract:

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

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 (UNC) at Chapel Hill - School of Law and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 0 (184,693)

Abstract:

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