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Articles 31 - 40 of 40
Full-Text Articles in Law
Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson
Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson
Law Faculty Scholarly Articles
The objective of this article is to cast some light on corrections system problems brought on by elevated (and possibly unnecessary) levels of incarceration, and especially on problems that trouble the Kentucky corrections system and threaten to undermine the effectiveness of the state's justice system. Part II describes how the country came to embrace sentencing policies and practices capable of producing "a penal system of a severity unmatched in the Western world.” Part III describes Kentucky's embrace of equally harsh sentencing policies and practices and the inmate population explosion that has occurred as a direct result of those policies and …
Defense-Oriented Judges, Abbe Smith
Defense-Oriented Judges, Abbe Smith
Georgetown Law Faculty Publications and Other Works
In this essay, I argue in favor of so-called "defense-oriented judges." Instead of the increasingly prosecution-oriented judicial aspirants who ascend to the bench, we need more judges who care about protecting the rights of the accused, who will put the government to the test, and who have some compassion for those who come before them. Instead of judges who are nothing more than rubber-stamps for prosecutors, deferring to prosecutors at every step because they believe most defendants are in fact guilty, or because they dislike defense lawyers, we need judges who are truly neutral and disinterested. Instead of judges who …
The Politics Of Crime And The Threat To Judicial Independence, Jeannine Bell
The Politics Of Crime And The Threat To Judicial Independence, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.
The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser
The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser
Scholarly Works
This article reviews the work of the Juvenile Justice Clinic at the William S. Boyd School of Law.
Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i
Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
The continuing debate over the use of amicus curiae briefs at the World Trade Organization (“WTO”) raises interesting questions about the influence of the U.S. legal system on the WTO dispute settlement process. Specifically, it brings to the surface differences between legal cultures and the fact that the U.S. legal culture with its emphasis on procedure is not readily transferable to the WTO. Comparing the controversy regarding the use of amicus curiae briefs before WTO Panels and the Appellate Body with the history and evolution of the institution of amicus curiae before the U.S. Supreme Court may help explain the …
Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi
Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi
Publications
No abstract provided.
Judicial Interference With Effective Advocacy By The Defense, Bennett L. Gershman
Judicial Interference With Effective Advocacy By The Defense, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
A fundamental premise of the American criminal justice system is defense counsel's zealous professional advocacy. Representation of a criminal defendant to be effective must be vigorous. In administering a trial, judges have a duty to ensure a fair and orderly proceeding. On occasion, however, judges overstep the line and impede defense counsel's advocacy functions unfairly. This article describes some of the ways that trial judges may violate legal and ethical standards by improperly interfering with defense counsel's courtroom functions.
Who Executes The Executioner? Impeachment, Indictment And Other Alternatives To Assassination, Jay S. Bybee
Who Executes The Executioner? Impeachment, Indictment And Other Alternatives To Assassination, Jay S. Bybee
Scholarly Works
This article addresses whether the Constitution protects a sitting President from indictment. The text of the Constitution is not clear on this question as it might be, but it is clear enough. No court has ever addressed the question of the President’s amenability to criminal charges, although the courts have considered the related question of whether federal judges can be subjected to criminal charges. Those courts have answered that judges and other officials are subject to criminal prosecution while in office. Congress has implicitly approved this conclusion in its passage of the Ethics in Government Act with its provision for …
Judicial Misconduct During Jury Deliberations, Bennett L. Gershman
Judicial Misconduct During Jury Deliberations, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The author considers the two principal types of improper judicial behavior that may occur during the jury deliberation process. Judicial conduct that attempts to place undue pressure on a jury to reach a verdict may include verdict-urging instructions, threats and intimidation, and inquiry into the numerical division of the jury on the merits of the verdict. Judicial participation in private, ex parte communications with jurors may also subvert orderly trial procedure and undermine the impartiality of the jury. Neither kind of judicial conduct may be allowed to compel a verdict from a jury.
Chief Justice Traynor And Criminal Law, Jerome Hall
Chief Justice Traynor And Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.