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Full-Text Articles in Law
State Constitutional Provisions Allowing Juries To Interpret The Law Are Not As Crazy As They Sound, Marcus Alexander Gadson
State Constitutional Provisions Allowing Juries To Interpret The Law Are Not As Crazy As They Sound, Marcus Alexander Gadson
St. John's Law Review
(Excerpt)
This Article questions that consensus. Joining a larger debate about the jury’s proper role, it argues that, even today, these provisions are a defensible component of a criminal justice system. First, this Article argues that the jury is the entity in the justice system most incentivized to approach legal questions with an eye to what the best interpretation is and not the most politically palatable result. Second, this Article argues that the jury’s ability to deliberate and consider opinions from individuals hailing from a wider variety of backgrounds than those who typically become judges may provide advantages over a …
Sex Offenders, Custody And Habeas, Wendy R. Calaway
Sex Offenders, Custody And Habeas, Wendy R. Calaway
St. John's Law Review
(Excerpt)
This Article focuses on habeas petitioners under a conviction from state court seeking federal habeas review. First, Part I will discuss the historical context of the writ of habeas corpus and the development of its purpose and scope. Part I also examines the current status of habeas corpus law, recent legislative efforts to limit its reach, and, specifically, the idea of custody as a prerequisite to habeas relief. Part II explores the evolution of the custody requirement both at the Supreme Court and in lower federal courts. In particular, this section looks at how the meaning of custody has …