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Justice In New England, Daniel Medwed Oct 2012

Justice In New England, Daniel Medwed

Daniel S. Medwed

No abstract provided.


When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings, Douglas Colbert Aug 2012

When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings, Douglas Colbert

Douglas L. Colbert

This article suggests that the absence of representation at the beginning of a State criminal prosecution must come to a screeching halt. The criminal defense bar should take a leadership role and dedicate Gideon's anniversary to making certain that an accused's right to the effective assistance of counsel begins at the initial bail hearing. Indeed, guaranteeing vigorous representation should be the defense bar's number one priority.


The Zeal Deal: Prosecutorial Resistance To Post-Conviction Claims Of Innocence, Daniel Medwed Jul 2012

The Zeal Deal: Prosecutorial Resistance To Post-Conviction Claims Of Innocence, Daniel Medwed

Daniel S. Medwed

This Article analyzes the institutional and political factors deterring prosecutors from accepting the possible legitimacy of post-conviction innocence claims and formulating creative responses to them. Specifically, the institutional culture of most prosecutors' offices treasures convictions; an attorney's conviction rate may serve as a barometer of that person's stature within the organization and a key factor in determining that person's chances for internal advancement. This professional incentive for prosecutors to obtain and maintain convictions may be bolstered by profound psychological and personal bases for believing in the soundness of the verdicts and pragmatic reasons for discounting the possibility that there may …


Prosecution Complex: America's Race To Convict And Its Impact On The Innocent, Daniel Medwed Dec 2011

Prosecution Complex: America's Race To Convict And Its Impact On The Innocent, Daniel Medwed

Daniel S. Medwed

This book explores how American prosecutors can inadvertently make decisions that contribute to the conviction of the innocent largely because of cognitive biases and an overly-deferential regime of legal and ethical rules. Divided into three parts that correspond to the three chief phases of the litigation process (pretrial, trial, and post-conviction), the book examines how mistakes at various moments over the course of a case, even seemingly innocuous missteps, can lead to wrongful convictions and prolong the incarceration of the innocent. Prosecution Complex is not intended to portray prosecutors as rogue officials indifferent to the conviction of the innocent, but …


Sex Trafficking And Worker Justice, Michelle Dempsey Dec 2011

Sex Trafficking And Worker Justice, Michelle Dempsey

Michelle Madden Dempsey

This essay argues that the dualistic conception of work in Catholic social teaching – most notably in John Paul II’s Laborem Excerens – may provide a bridge between otherwise deeply divided views regarding how to conceptualize and define sex trafficking.


The Future Of International Criminal Law And Transitional Justice,, Mark Drumbl Dec 2011

The Future Of International Criminal Law And Transitional Justice,, Mark Drumbl

Mark A. Drumbl

No abstract provided.