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Selected Works

Innocence

Articles 1 - 4 of 4

Full-Text Articles in Law

Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb Dec 2014

Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb

Sherry Colb

No abstract provided.


The Supreme Court And The Politics Of Death, Stephen F. Smith Nov 2013

The Supreme Court And The Politics Of Death, Stephen F. Smith

Stephen F. Smith

This article explores the evolving role of the U.S. Supreme Court in the politics of death. By constitutionalizing the death penalty in the 1970s, the Supreme Court unintentionally set into motion political forces that have seriously undermined the Court's vision of a death penalty that is fairly administered and imposed only on the worst offenders. With the death penalty established as a highly salient political issue, politicians - legislators, prosecutors, and governors - have strong institutional incentives to make death sentences easier to achieve and carry out. The result of this vicious cycle is not only more executions, but less …


The Practice Of Criminal Defence: Why We Fight And Defend Those Most Imperilled, Every Day, Beau James Brock Dec 2011

The Practice Of Criminal Defence: Why We Fight And Defend Those Most Imperilled, Every Day, Beau James Brock

Beau James Brock

Being a criminal defense attorney is a special calling. Aside from dealing with the human element, they also fight daily to see the government acts within the bounds established by the Bill of Rights.


The Right To Effective Assistance Of Capital Postconviction Counsel: Constitutional Implications Of Statutory Grants Of Capital Counsel, Celestine Richards Mcconville Dec 2002

The Right To Effective Assistance Of Capital Postconviction Counsel: Constitutional Implications Of Statutory Grants Of Capital Counsel, Celestine Richards Mcconville

Celestine Richards McConville

The problem of incompetent counsel in capital cases is hardly a secret. Much of the attention, however, has focused on incompetent capital trial counsel. This article, by contrast, addresses the problem of incompetent capital counsel at the state and federal postconviction levels. Like the trial and direct review phases, the capital postconviction phase is critical to an accurate and reliable determination of guilt and death-eligibility. Thus, competent counsel is just as necessary during capital postconviction proceedings as it is during capital trial and direct review proceedings.

The Supreme Court, however, has made clear that there is no constitutional right to …