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Full-Text Articles in Law
The Right To Plea Bargain With Competent Counsel After Cooper And Frye: Is The Supreme Court Making The Ordinary Criminal Process Too Long, Too Expensive, And Unpredictable In Pursuit Of Perfect Justice, Bruce A. Green
Faculty Scholarship
In Lafler v. Cooper and Missouri v. Frye, the Supreme Court recently ruled in favor of criminal defendants who were deprived of a favorable plea offer because of their lawyers’ professional lapses. In dissent, Justice Scalia complained that “[t]he ordinary criminal process has become too long, too expensive, and unpredictable,” because of the Court’s criminal procedure jurisprudence; that plea bargaining is “the alternative in which...defendants have sought relief,” and that the two new decisions on the Sixth Amendment right to effective representation in plea bargaining would add to the burden on the criminal process. This essay examines several aspects of …
Lethal Fiction: The Meaning Of "Counsel" In The Sixth Amendment , Bruce A. Green
Lethal Fiction: The Meaning Of "Counsel" In The Sixth Amendment , Bruce A. Green
Faculty Scholarship
Charles Bell, Donald Paradis, and Shirley Tyler were tried in different states for murder. Each was convicted and sentenced to death. Charles Bell was represented at trial by a recent law school graduate who had never before tried a criminal case to completion. Donald Paradis's lawyer had passed the bar exam six months earlier, had never previously represented a criminal accused, and had not elected courses in criminal law, criminal procedure, or trial advocacy while in law school. Shirley Tyler's trial lawyer was also a member of the bar for only a few months. He had defended one previous assault …
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
Faculty Scholarship
The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …
A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green
A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green
Faculty Scholarship
The sixth amendment provides that in all criminal prosecutions the accused shall enjoy the right "to have the Assistance of Counsel for his defence." The Supreme Court has construed this clause to guarantee to criminal defendants the "effective" assistance of counsel performing within a minimum standard of competency. Prevalent lower court interpretations of the right. to effective assistance require a showing that counsel's inadequate performance caused actual prejudice to the defendant's interest in obtaining an acquittal. Because most defendants are unable to demonstrate the actual impact upon the outcome of their trial of an attorney's departure from normal competency, courts …
Constitutional Law-Sixth Amendment-Exclusion From Jury Selection Of Residents Of The Judicial District Where A Crime Is Committed Held Unconstitutional As A Denial Of The Right To A Jury From The Vicinage.
Fordham Urban Law Journal
When defendant Leon Jones was arrested, he moved to be transferred to the district where the crimes occured. He asserted that the fourteenth and sixth amendments entitled him to be tried by a jury drawn from this district. Mr. Jones' request was denied and he was convicted. The intermediate appellate court held that a jury drawn from any district within the county satisfied the constitutional requirements but on appeal, the California Supreme Court reversed and held Jones was entitled to a jury from the district where the crime was committed. The court based its opinion on the principle that a …