Criminal Law: The Missing Element in Sentencing Reform

The thesis of this Article is that the substantive criminal law is the missing element in sentencing reform. If comprehensive sentencing reform strategies are to have lasting effect, legislatures must reintroduce the criminal law to the sentencing process. This step will require a rekindled interest in a moral analysis of the substantive criminal law and the enactment of greatly reduced statutory sentence maximums, along with more conventional institutional changes to structure discretion and increase official accountability. Objections to American sentencing procedures range from the principled to the practical. Part II of this Article summarizes the basic objections that have influenced recent sentencing initiatives.All concern the unstructured discretion and absence of official accountability that characterize indeterminate sentencing. Part III then outlines the sentencing law reforms that have been proposed or adopted in response to these objections. Part IV asserts and at-tempts to demonstrate that sentencing in America has been divorced from the criminal law, and that present reform proposals are inadequate because they fail to address this separation. At trial, constitutional rights, the law of evidence, and the criminal burden of proof provide the defendant with important procedural safeguards. In addition, the state must meet all substantive criminal law requirements before the defendant can be convicted. Most convictions, however, result from guilty pleas. In these cases trial rights and protections are unimportant. Under an indeterminate sentencing scheme, defendants have virtually no rights at sentencing except for procedural rights such as the rights to counsel and to present and contest evidence. A court, therefore, can convict and sentence a defendant without ever applying substantive criminal law requirements. The new sentencing reforms have not ad-dressed this systemic flaw. Thus, part V of this Article argues that the logic and effect of sentencing reform proposals require that the criminal law be returned to the sentencing process. Finally, part VI sketches the contours of a comprehensive sentencing reform pack-age that would go a long way towards accomplishing this result

RJK Observations of the Optical Afterglow of GRB 991216

We present near-infrared and optical observations of the afterglow to the Gamma-Ray Burst (GRB) 991216 obtained with the F. L. Whipple Observatory 1.2-m telescope and the University of Hawaii 2.2-m telescope. The observations range from 15 hours to 3.8 days after the burst. The temporal behavior of the data is well described by a single power-law decay with index -1.36 +/-0.04, independent of wavelength. The optical spectral energy distribution, corrected for significant Galactic reddening of E(B-V)=0.626, is well fitted by a single power-law with index -0.58 +/- 0.08. Combining the IR/optical observations with a Chandra X-ray measurement gives a spectral index of -0.8 +/- 0.1 in the synchrotron cooling regime. A comparison between the spectral and temporal power-law indices suggest that a jet is a better match to the observations than a simple spherical shock.Comment: Accepted to the Astrophysical Journal, 12 pages, 4 postscript figure

The ACS Virgo Cluster Survey III. Chandra and HST Observations of Low-Mass X-Ray Binaries and Globular Clusters in M87

The ACIS instrument on board the Chandra X-ray Observatory has been used to carry out the first systematic study of low-mass X-ray binaries (LMXBs) in M87. We identify 174 X-ray point-sources, of which ~150 are likely LMXBs. This LMXB catalog is combined with deep F475W and F850LP images taken with ACS on HST to examine the connection between LMXBs and globular clusters in M87. Of the 1688 globular clusters in our catalog, f_X = 3.6 +- 0.5% contain a LMXB and we find that the metal-rich clusters are 3 +- 1 times more likely to harbor a LMXB than their metal-poor counterparts. In agreement with previous findings for other galaxies, we find that brighter, more metal-rich clusters are more likely to contain a LMXB. For the first time, however, we are able to demonstrate that the probability, p_X, that a given cluster will contain a LMXB depends sensitively on the dynamical properties of the host cluster. Specifically, we use the HST images to measure the half-light radius, concentration index and central density, \rho_0, for each globular, and define a parameter, \Gamma, which is related to the tidal capture and binary-neutron star exchange rate. Our preferred form for p_X is then p_X \propto \Gamma \rho_0^{-0.42\pm0.11} (Z/Z_{\odot})^{0.33\pm0.1}. We argue that if the form of p_X is determined by dynamical processes, then the observed metallicity dependence is a consequence of an increased number of neutron stars per unit mass in metal-rich globular clusters. Finally, we find no compelling evidence for a break in the luminosity distribution of resolved X-ray point sources. Instead, the LMXB luminosity function is well described by a power law with an upper cutoff at L_X ~ 10^39 erg/s. (abridged)Comment: 23 pages, 21 figures. Accepted for publication in ApJ. Also available at http://www.physics.rutgers.edu/~pcote/acs/publications.htm

Four new T dwarfs identified in PanSTARRS 1 commissioning data

A complete well-defined sample of ultracool dwarfs is one of the key science programs of the Pan-STARRS 1 optical survey telescope (PS1). Here we combine PS1 commissioning data with 2MASS to conduct a proper motion search (0.1--2.0\arcsec/yr) for nearby T dwarfs, using optical+near-IR colors to select objects for spectroscopic followup. The addition of sensitive far-red optical imaging from PS1 enables discovery of nearby ultracool dwarfs that cannot be identified from 2MASS data alone. We have searched 3700 sq. deg. of PS1 y-band (0.95--1.03 um) data to y$\approx$19.5 mag (AB) and J$\approx$16.5 mag (Vega) and discovered four previously unknown bright T dwarfs. Three of the objects (with spectral types T1.5, T2 and T3.5) have photometric distances within 25 pc and were missed by previous 2MASS searches due to more restrictive color selection criteria. The fourth object (spectral type T4.5) is more distant than 25 pc and is only a single-band detection in 2MASS. We also examine the potential for completing the census of nearby ultracool objects with the PS1 3$\pi$ survey.Comment: 25 pages, 8 figures, 5 table, AJ accepted, updated to comply with Pan-STARRS1 naming conventio

HIP 38939B: A New Benchmark T Dwarf in the Galactic Plane Discovered with Pan-STARRS1

We report the discovery of a wide brown dwarf companion to the mildly metal-poor ([Fe/H]=-0.24), low galactic latitude (b = 1.88 deg) K4V star HIP 38939. The companion was discovered by its common proper motion with the primary and its red optical (Pan-STARRS1) and blue infrared (2MASS) colors. It has a projected separation of 1630 AU and a near-infrared spectral type of T4.5. As such it is one of only three known companions to a main sequence star which have early/mid-T spectral types (the others being HN Peg B and eps Indi B). Using chromospheric activity we estimate an age for the primary of 900{+1900,-600} Myr. This value is also in agreement with the age derived from the star's weak ROSAT detection. Comparison with evolutionary models for this age range indicates that HIP 38939B falls in the mass range 38+/-20 Mjup with an effective temperature range of 1090+/-60 K. Fitting our spectrum with atmospheric models gives a best fitting temperature of 1100 K. We include our object in an analysis of the population of benchmark T dwarfs and find that while older atmospheric models appeared to over-predict the temperature of the coolest objects compared to evolutionary models, more recent atmospheric models provide better agreement.Comment: ApJ, in press. Tiny changes incorporated into final version: added analysis of likelihood of companionship, clarified the fitting proceedure, and updated the benchmark analysis to highlight when the quoted evolutionary models use the atmospheric model they are being compared to as a boundary conditio

The Next Generation Virgo Cluster Survey - Infrared (NGVS-IR): I. A new Near-UV/Optical/Near-IR Globular Cluster selection tool

The NGVS-IR project (Next Generation Virgo Survey - Infrared) is a contiguous near-infrared imaging survey of the Virgo cluster of galaxies. It complements the optical wide-field survey of Virgo (NGVS). The current state of NGVS-IR consists of Ks-band imaging of 4 deg^2 centered on M87, and J and Ks-band imaging of 16 deg^2 covering the region between M49 and M87. In this paper, we present the observations of the central 4 deg^2 centered on Virgo's core region. The data were acquired with WIRCam on the Canada-France-Hawaii Telescope and the total integration time was 41 hours distributed in 34 contiguous tiles. A survey-specific strategy was designed to account for extended galaxies while still measuring accurate sky brightness within the survey area. The average 5\sigma limiting magnitude is Ks=24.4 AB mag and the 50% completeness limit is Ks=23.75 AB mag for point source detections, when using only images with better than 0.7" seeing (median seeing 0.54"). Star clusters are marginally resolved in these image stacks, and Virgo galaxies with \mu_Ks=24.4 AB mag arcsec^-2 are detected. Combining the Ks data with optical and ultraviolet data, we build the uiK color-color diagram which allows a very clean color-based selection of globular clusters in Virgo. This diagnostic plot will provide reliable globular cluster candidates for spectroscopic follow-up campaigns needed to continue the exploration of Virgo's photometric and kinematic sub-structures, and will help the design of future searches for globular clusters in extragalactic systems. Equipped with this powerful new tool, future NGVS-IR investigations based on the uiK diagram will address the mapping and analysis of extended structures and compact stellar systems in and around Virgo galaxies.Comment: 23 pages, 18 figures. Accepted for publication in ApJ