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Constitutional Law

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Selected Works

2010

Criminal law

Articles 1 - 6 of 6

Full-Text Articles in Law

Justice For All: Victim Lost In The Legal Shuffle, Dana Harrington Conner Sep 2010

Justice For All: Victim Lost In The Legal Shuffle, Dana Harrington Conner

Dana Harrington Conner

No abstract provided.

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A Criminal Justice System That Works, Alan E. Garfield Sep 2010

A Criminal Justice System That Works, Alan E. Garfield

Alan E Garfield

No abstract provided.

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The Construction Of Responsibility In The Criminal Law, Richard C. Boldt Sep 2010

The Construction Of Responsibility In The Criminal Law, Richard C. Boldt

Richard C. Boldt

No abstract provided.

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Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt Sep 2010

Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt

Richard C. Boldt

No abstract provided.

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The Requirement Of An Investigator In Public And Private Practice, Robert M. Sanger Dec 2009

The Requirement Of An Investigator In Public And Private Practice, Robert M. Sanger

Robert M. Sanger

Trial lawyers do everything we can to avoid IAC and support the requirements of the Sixth Amendment to the United States Constitution which provides that the accused has a right to counsel -- counsel that is not only present but also effective. Under Ake v. Oklahoma , the United States Supreme Court stated that the right includes the right to have experts and investigators. Since Ake, there has been much litigation, particularly in capital cases, regarding the right to have the use of such experts to do an effective job.  

The California courts have made it clear that the …

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Death, Ineligibility And Habeas Corpus, Lee B. Kovarsky Dec 2009

Death, Ineligibility And Habeas Corpus, Lee B. Kovarsky

Lee Kovarsky

I examine the interaction between what I call 'death ineligibility' challenges and the habeas writ. A death ineligibility claim alleges that a criminally-confined capital prisoner belongs to a category of offenders for which the Eighth Amendment forbids execution. By contrast, a 'crime innocence' claim alleges that, colloquially speaking, a capital prisoner 'wasn’t there, and didn’t do it.' In the last eight years, the Supreme Court has identified several new ineligibility categories, including mentally retarded offenders. Configured primarily to address crime innocence and procedural challenges, however, modern habeas law is poorly equipped to accommodate ineligibility claims. Death Ineligibility traces the genesis …

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