This Note analyzes the Court’s decision in Bray. Part II presents an overview of sentencing systems in the United States, the bad time penalty, and a brief background of the doctrine of separation of powers. Part III presents the facts, procedural history, and holding of Bray. Part IV analyzes the Court’s holding pursuant to the Due Process Clause rather than the doctrine of separation of powers. This Note concludes that although the bad time statute is unconstitutional as a violation of the doctrine of separation of powers, the court could have alternatively decided that the bad time statute also violates the Due Process Clause.
Cardinal, Erin Kae
"Bray v. Russell: The Constitutionality of the "Bad Time" Statute,"
Akron Law Review: Vol. 35
, Article 5.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol35/iss2/5