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As much as the court may wish to have ended all vagueness challenges here, Sotomayor reminded us in a footnote that there are already cases pending under the residual clause pre-Booker when the guidelines were still mandatory. Using the Blumstein method to address the critical race and justice issues of the 21st Century. The greatest amount of unexplained disparity was found among drug offenses:
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If an all-discretionary system cannot be challenged as vague, a point on which all parties agree, then a system that guides discretion is equally exempt. For drug crimes disparities are especially severe, due largely to the fact that blacks are nearly four times as likely as whites to be arrested for drug offenses and 2.
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Building Blocks for Youth. Punishment cannot be imposed in PA for a crime outside PA. Justice Elena Kagan had recused herself, so the court heard the case with only seven members.
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For less serious crimes, authorities may exercise greater discretion at the point of arrest. BTW it was , not , and not a conviction but a deferred adjudication with no final judgment of guilt. When looking at juvenile crime, it is not necessarily the case that youth of color have a greater tendency to engage in delinquency, but that the uneven playing field from the start, a part of larger American society, creates inequalities which are related to who goes on to commit crime and who is equipped to desist from crime. Can regional variation be explained by differential arrest rates?
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