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Killing The Non-Willing: Atkins, The Volitionally Incapacitated And The Death Penalty, John H. Blume, Sheri Lynn Johnson Oct 2003

Killing The Non-Willing: Atkins, The Volitionally Incapacitated And The Death Penalty, John H. Blume, Sheri Lynn Johnson

South Carolina Law Review

No abstract provided.


Criminalization Of People With Mental Illnesses: The Role Of Mental Health Courts In System Reform, Robert Bernstein, Tammy Seltzer Mar 2003

Criminalization Of People With Mental Illnesses: The Role Of Mental Health Courts In System Reform, Robert Bernstein, Tammy Seltzer

University of the District of Columbia Law Review

No abstract provided.


Consorting In New South Wales: Substantive Offence Or Police Power?, Alex Steel Jan 2003

Consorting In New South Wales: Substantive Offence Or Police Power?, Alex Steel

Alex Steel

Since 1929 it has been an offence in New South Wales to habitually consort with reputed/convicted criminals. This article outlines the fears over so-called razor gangs that led to the offence's introduction and the role of the media in promoting the enactment of the offence. A detailed examination of the scope of the various elements of the offence, as defined by the courts is also provided. The paper also examines the historical and current use of the offence by police, and the degree of discretion involved in enforcement. The breadth of the offence is such that it effectively amounts to …


Caught Between Hope And Despair: An Analysis Of The Japanese Criminal Justice System, Melissa Clack Jan 2003

Caught Between Hope And Despair: An Analysis Of The Japanese Criminal Justice System, Melissa Clack

Denver Journal of International Law & Policy

No abstract provided.


The Prosecutor's Dilemma: Bargains And Punishments, Russell L. Christopher Jan 2003

The Prosecutor's Dilemma: Bargains And Punishments, Russell L. Christopher

Fordham Law Review

No abstract provided.


Revoking Our Privileges: Federal Law Enforcement’S Multi-Front Assault On The Attorney-Client Privilege (And Why It Is Misguided), Lance Cole Jan 2003

Revoking Our Privileges: Federal Law Enforcement’S Multi-Front Assault On The Attorney-Client Privilege (And Why It Is Misguided), Lance Cole

Faculty Scholarly Works

No abstract provided.


Beyond The Bright Line: A Contemporary Right-To-Counsel Doctrine, Pamela R. Metzger Jan 2003

Beyond The Bright Line: A Contemporary Right-To-Counsel Doctrine, Pamela R. Metzger

Faculty Journal Articles and Book Chapters

The current right-to-counsel doctrine was developed in the 1970's. It created a bright-line rule still in effect today. The right to counsel attaches only at "critical stages" of a criminal prosecution. Under this critical stage doctrine, the right to counsel only attaches after the initiation of formal adversary proceedings and only applies to confrontations between the accused and the prosecution or law enforcement. In the years following the Supreme Court's development of the critical stage doctrine, national trends of mandatory sentencing and sentencing guidelines revolutionized criminal procedure and dramatically altered the roles of the system's key players.

Now, defense counsel's …