Advisory, Michael Rushford — The quarterly newsletter initiated in 1982 to report on the Foundation's current activities. [ Go to Advisory listing ]

“Violence Interrupters” are Not a Panacea for Violent Crime — By Elizabeth Berger.

Sentence Length and Recidivism: A Review of the Research — Published article reviewing published research on the connection between length of prison sentences and former inmates' post-release recidivism. Contrary to some prominent claims, the research as a whole does not show that longer sentences increase recidivism. Most studies on the effect of sentence length suggest either no effect on recidivism or slight reductions in recidivism. By Elizabeth Berger & Kent Scheidegger. The published version is Federal Sentencing Reporter (2022) 35 (1): 59-72,

Tinkering with the Machinery of Death: Lessons from a Failure of Judicial Activism — Article tracing the history of the Supreme Court's micromanagement of capital punishment and how it has done more harm than good after the initial, broad outline was established. By Kent Scheidegger. 17 Ohio St.J.Crim.L. 131 (2019).

Governor Gavin — Article by Michael Rushford, in the Advisory, Spring/Summer 2020 issue.

Two Views on Criminal Justice Reform: The Author and a Critic on "Locked In" — A two-part article presenting contrasting views. The first part is an interview with John Pfaff, author of Locked In. The second part is a review of the book by Kent Scheidegger. 20 Fed.Soc.Review 120 (2019).

Public Safety Realignment and Post-Release Community Supervision:
Offenders, Offenses, and Arrests in Sacramento County from 2011-2015
— Report by Marissa Cohen, August 2016.

The Myth of Over-Incarceration — Article by Michael Rushford, December 2015.

The Illegal Alien Crime Wave — Article by Michael Rushford, in the Advisory, Spring 2015 issue.

The Sentencing Reform and Corrections Act of 2015 has been introduced by Republicans and Democrats, including Chairman Charles Grassley, and members Lindsey Graham, Richard Durban, Chuck Schumer, and Patrick Leahy, in the Sentence Judiciary Committee.

The Perfect Storm — Article by Michael Rushford, in the Advisory, Fall 2014 issue.

The California Crime Spike: An Analysis of the Preliminary 2012 Data — Article by Kent S. Scheidegger, June 2013.

Rebutting the Myths About Race and the Death Penalty — Article by Kent S. Scheidegger, Ohio State Journal of Crminal Law, Volume 10, Number 1 (Fall 2012).

Rationalizing Realignment: A perspective on California's return to alternative sentencing — Article by Michael Rushford, March 2012.

Meet the New Boss — Article by Michael Rushford. Advisory, Volume 29, No. 2, Spring 2011.

Miranda with an English Accent — Article by Lauren Altdoerffer. Engage, Volume 10, Issue 3, November 2009.

The False Promise and Lethal Consequences of Releasing Inmates — Article by Michael Rushford, Aug. 2009.

The Death Penalty and Plea Bargaining to Life Sentences — Working Paper by Kent Scheidegger, Feb. 2009.

Some Perspectives on Incarceration — Transcript of remarks by Kent Scheidegger. Symposium on Alternatives to Incarceration (U.S. Sentencing Commission July 14—15, 2008). Transcript and Graphics.

Rules and Statutes on Habeas Corpus, with Amendments through June 2007.

The Vienna Convention and the Supreme Court: Reaching the Limits of Internationalism? — Article by Kent Scheidegger. Engage, Volume 8, Issue 1, February 2007.

Statement of Kent Scheidegger — Before the New Jersey Death Penalty Study Commission (October 24, 2006), reprinted in Amy M. Keyzer, Ed., Does Capital Punishment Deter Crime? (Greenhaven Press 2007).

The Minimalist Privilege — Article by Charles L. Hobson. Article on the Fifth Amendment. New York University Journal of Law and Liberty, Volume 1, Number 2 (2005).

Should States Adopt Moratoriums on Executions? No — Article by Kent S. Scheidegger. CQ Researcher, Volume 15, Number 33, September 23, 2005.

Atkins v. Virginia, Federalism, and Judicial Review — Article by Charles Hobson. Widener Law Review, Volume 11, Issue 1 (2004).

Defining the Gerrymander — Article by Kent S. Scheidegger, December 2004.

Building a Better Terry Stop: The Case for Hiibel — Article by Charles Hobson. Engage: The Journal of the Federalist Society's Practice Groups, Volume 5, Issue 2, October 2004.

Supreme Court Preview: Fine—Tuning Miranda — Article by Kent S. Scheidegger. Engage: The Journal of the Federalist Society's Practice Groups, Volume 5, Issue 1, April 2004.

Smoke and Mirrors on Race and the Death Penalty — Article by Kent S. Scheidegger. Originally published in Engage, The Journal of the Federalist Society Practice Groups, Volume 4, Issue 2, October 2003.

The Death Penalty Trojan Horse — Article by Kent Scheidegger, August 2002.

Should California's three—strikes law be weakened or eliminated? — Article by Kent Scheidegger, May 2002.

Statement of Kent Scheidegger, Before the U.S. Senate Committee on the Judiciary, Subcommittee on the Constitution, Hearing on the Report of the Illinois Commission on Capital Punishment, June 2002.

An Analysis of Proposition 36:  The Drug Treatment Diversion Initiative — Article by Charles L. Hobson, July 2000.

The Social Benefits of Confining Habitual Criminals — Article by Kent Scheidegger & Michael Rushford reviewing crime reports and studies showing that increased confinement laws targeting habitual offenders are a proven and cost—effective means for reducing crime. Stanford Law and Policy Review, Volume 11, Winter 1999, page 59.

ABA Briefs in the 1997—98 Supreme Court Term — Article by Kent S. Scheidegger. A review of the American Bar Association's amicus curiae briefs in criminal cases, all of which supported the defendant. Criminal Law News, Volume 2, No. 3, page 12, Winter 1998.

Habeas Corpus, Relitigation, and The Legislative Power — Article by Kent S. Scheidegger discussing the interpretation and defending the constitutionality of the key element of Congress's 1996 reform of federal court review of state convictions. Columbia Law Review, Volume 98, page 888 (1998).

Law Enforcement in the Courts — Article by Charles L. Hobson—Article. The Siren, 1996 Official Annual Publication of the Municipal Motorcycle Officers of California, page 31.

Reinhardt's Lament — Article by Michael Rushford. Los Angeles Daily Journal, July 18, 1996, page 6, col. 3.

Will Three Strikes Be Saved? — Article by Kent S. Scheidegger. Los Angeles Daily Journal, June 28, 1996, page 6.

Reforming California's Homicide Law — Charles L. Hobson. An extensive review of California's law of homicide and proposal for reform. Pepperdine Law Review, Vol. 23, page 495 (1996). A condensed version is also available.

Taking Crime Seriously: An Agenda for the Governor's Crime Summit — Michael Rushford. A 1994 paper suggesting a new California approach to crime and law enforcement. The Claremont Institute, Golden State Center for Policy Studies, No. 1994—28.

Overdue Process — Kent S. Scheidegger. A 1995 study questioning constitutional and policy justifications for federal habeas corpus review of state convictions and a proposal for reform.

 A Guide to Regulating Panhandling — Kent S. Scheidegger (with intro's by James Q. Wilson & George L. Kelling). A 1993 handbook providing a brief history of American laws to prohibit panhandling and a model statute.

Flight and Terry: Providing the Necessary Bright Line — Article by Charles L. Hobson discussing the U. S. Supreme Court decisions governing "stop and frisk" searches. Maryland Journal of Contemporary Legal Issues, Volume 3, page 119 (1992).

Appointed Counsel to Protect the Child Victim's Rights — Article by Charles L. Hobson on the legal system's handling of the rights and needs of child crime victims. Pacific Law Journal, Volume 21, page 691 (1990).

California Juvenile Justice: Analysis and Legislative Action — Donna Clontz. An analysis of California's juvenile justice system in 1989 and recommendations on a new approach.

Rethinking Habeas Corpus — Kent S. Scheidegger. A 1989 study comparing state and federal court rulings on state death penalty cases which have been accepted for federal habeas corpus review. Reprinted in Habeas Corpus Issues, Hearings before the House Subcommittee on Civil and Constitutional Rights, Serial No. 39, 102d Cong. 1st Sess. (1992).

Capital Punishment in 1987: The Puzzle Nears Completion — Article by Kent S. Scheidegger of U. S. Supreme Court decisions on capital punishment between 1972 and 1987. Western State Law Review, Volume 15, page 95 (1987).

Negligence Liability of Landowners and Occupiers for the Criminal Conduct of Another — Article by Sigfredo A. Cabrera discussing how the California courts have dealt with this issue. California Western Law Review, Volume 23, page 165 (1987).
Overdue Process