Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Rights Of State Prisoners - Federal Court Intervention In State Prison Administration; Jones V. Wittenberg, Ronald L. Collins
Rights Of State Prisoners - Federal Court Intervention In State Prison Administration; Jones V. Wittenberg, Ronald L. Collins
Akron Law Review
The path to federal court intervention into state prison administration has been a tortuous and rocky one.... Jones v. Wittenberg carries federal court intervention into state prison administration to new lengths. Until more basic and lasting changes are made on the part of society and the states, such intervention seems to be the best chance for ameliorating conditions in our state penal systems.
Sixth Amendment; Right Of Confrontation; Unavailalbe Witness; State V. Roberts, Christopher C. Manthey, Carol G. Simonetti
Sixth Amendment; Right Of Confrontation; Unavailalbe Witness; State V. Roberts, Christopher C. Manthey, Carol G. Simonetti
Akron Law Review
"THE SIXTH AMENDMENT to the Constitution states that "[iln all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him .... ." This seems simple and absolute, but case law has proven it to be neither; almost every phrase has been dissected and interpreted by courts and commentators. In fact, there may be more law review articles on this subject than there are cases.1 Some of the questions that could be asked are: What is meant by "all criminal prosecutions?" Does this require confrontation in preliminary hearings? Does "shall enjoy the …
Sixth Amendment; Right To Counsel; Use Of Prior Uncounseled Convictions; Lewis V. United States And Baldasar V. Illinois, Rita Marks
Akron Law Review
Once again the Supreme Court has spoken on the issue of the right to counsel. Within three months the Court rendered two decisions which appear to be inconsistent, not only with one another, but with prior decisions of the Court
Sixth Amendment, Televising Trials, Chandler V. Florida, Paul A. Patterson
Sixth Amendment, Televising Trials, Chandler V. Florida, Paul A. Patterson
Akron Law Review
The Supreme Court recently handed down a unanimous decision dealing with the respective rights of the press and defendants in regard to the televising of criminal trials. The case, Chandler v. Florida, while explicitly stated to be consistent with the Court's earlier decision in Estes v. Texas, has expanded the realm of media coverage of criminal trials beyond what apparently was permissible under Estes. The Court attempted to balance the competing constitutional guarantees of freedom of the press and the sixth amendment right to a fair trial. It held that while the presence of television cameras in …
The Ineffective Assistance Of Counsel Quandry: The Debate Continues Strickland V. Washington, Susan K. Vanburen
The Ineffective Assistance Of Counsel Quandry: The Debate Continues Strickland V. Washington, Susan K. Vanburen
Akron Law Review
In recent years, dissatisfied criminal defendants have increasingly resorted to claims alleging actual ineffectiveness of counsel as a vehicle for challenging their convictions. Prior to Strickland v. Washington, the Supreme Court had not delineated the "proper standards" for reviewing claims of actual ineffectiveness of counsel. The lack of a national standard for assessing defense counsel's performance, as it relates to the constitutional requirement, generated extensive deliberation by lower courts and commentators. Faced with a deluge of actual ineffectiveness claims, the lower courts were forced to formulate standards to distinguish effective from ineffective assistance. However, the ensuing diverse standards employed …