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Full-Text Articles in Law

Civil Rights In Crisis: The Racial Impact Of The Denial Of The Sixth Amendment Right To Counsel, Richard Klein Jun 2015

Civil Rights In Crisis: The Racial Impact Of The Denial Of The Sixth Amendment Right To Counsel, Richard Klein

Richard Daniel Klein

Whereas in 2013 there had been widespread celebration of the fiftieth anniversary of the landmark Supreme Court decision in Gideon v. Wainwright, much has been written in subsequent years about the unhappy state of the quality of counsel provided to indigents. But it is not just defense counsel who fail to comply with all that we hope and expect would be done by those who are part of our criminal courts; prosecutorial misconduct, if not actually increasing, is becoming more visible. The judiciary chooses to focus on the rapid processing of cases, often ignoring the rights of those being prosecuted …


Recent Landmark Criminal Law Decisions Of The Supreme Court: The Jurisprudence Of The Supreme Court: Fair Trial, Juvenile Justice, The Death Penalty, And The Right To Counsel, Richard Klein Nov 2013

Recent Landmark Criminal Law Decisions Of The Supreme Court: The Jurisprudence Of The Supreme Court: Fair Trial, Juvenile Justice, The Death Penalty, And The Right To Counsel, Richard Klein

Richard Daniel Klein

The Supreme Court has recently adjudicated some crucial issues regarding criminal matters and constitutional jurisprudence. The Court expanded the constitutional authority vested in Congress, provided defendants with constitutional remedies and protections, indicated that even a substantial amount of publicity surrounding a trial does not warrant a change of venue, left defense attorneys in awe of their new-found obligations, and settled important divisions among the U.S. circuit courts of appeal. Skilling v. U.S. revealed that a change of venue based on a claim of a tainted jury pool presents a difficult, if not impossible task, for criminal defendants. Padilla expanded the …


A Criminal Quartet: The Supreme Court's Resolution Of Four Critical Issues In The Criminal Justice System, Richard Klein Oct 2013

A Criminal Quartet: The Supreme Court's Resolution Of Four Critical Issues In The Criminal Justice System, Richard Klein

Richard Daniel Klein

No abstract provided.


Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein May 2012

Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein

Richard Daniel Klein

No abstract provided.


The Indigent Defense Crisis, Richard Klein, Robert Spangenberg May 2012

The Indigent Defense Crisis, Richard Klein, Robert Spangenberg

Richard Daniel Klein

No abstract provided.


The Supreme Court’S Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein Jul 2011

The Supreme Court’S Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein

Richard Daniel Klein

No abstract provided.


Judicial Misconduct In Criminal Cases: It’S Not Just The Counsel Who May Be Ineffective And Unprofessional, Richard Klein Jul 2011

Judicial Misconduct In Criminal Cases: It’S Not Just The Counsel Who May Be Ineffective And Unprofessional, Richard Klein

Richard Daniel Klein

No abstract provided.


The Eleventh Commandment: Thou Shalt Not Be Compelled To Render The Ineffective Assistance Of Counsel, Richard Klein Jul 2011

The Eleventh Commandment: Thou Shalt Not Be Compelled To Render The Ineffective Assistance Of Counsel, Richard Klein

Richard Daniel Klein

No abstract provided.


The Constitutionalization Of Ineffective Assistance Of Counsel, Richard Klein Jul 2011

The Constitutionalization Of Ineffective Assistance Of Counsel, Richard Klein

Richard Daniel Klein

No abstract provided.


Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering—October 2009 Term, Richard Klein Jul 2011

Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering—October 2009 Term, Richard Klein

Richard Daniel Klein

No abstract provided.


Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein Jul 2011

Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein

Richard Daniel Klein

No abstract provided.


Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein Jul 2011

Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein

Richard Daniel Klein

No abstract provided.


An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term (Nineteenth Annual Supreme Court Review, October 2006 Supreme Court Term), Richard Klein Jul 2011

An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term (Nineteenth Annual Supreme Court Review, October 2006 Supreme Court Term), Richard Klein

Richard Daniel Klein

No abstract provided.


Death Penalty And Right To Counsel Decisions In The October 2005 Term, Richard Klein Jul 2011

Death Penalty And Right To Counsel Decisions In The October 2005 Term, Richard Klein

Richard Daniel Klein

No abstract provided.


Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn Jul 2011

Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn

Richard Daniel Klein

No abstract provided.


The Emperor Gideon Has No Clothes: The Empty Promise Of The Constitutional Right Of Effective Assistance Of Counsel, Richard Klein Jul 2011

The Emperor Gideon Has No Clothes: The Empty Promise Of The Constitutional Right Of Effective Assistance Of Counsel, Richard Klein

Richard Daniel Klein

No abstract provided.


An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term (The Twentieth Annual Supreme Court Review), Richard Klein Dec 2010

An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term (The Twentieth Annual Supreme Court Review), Richard Klein

Richard Daniel Klein

No abstract provided.