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Shackling Prejudice: Expanding The Deck V. Missouri Rule To Nonjury Proceedings, Sadie Shourd
Shackling Prejudice: Expanding The Deck V. Missouri Rule To Nonjury Proceedings, Sadie Shourd
Vanderbilt Law Review
Courts in the United States have traditionally held that criminal defendants have the right to be free from unwarranted restraints visible to the jury during the guilt phase of a trial. The term “unwarranted restraints” refers to the use of restraints on a defendant absent a court’s individualized determination that such restraints are justified by an essential state interest. In Deck v. Missouri, the Supreme Court expanded the prohibition against unwarranted restraints to the sentencing phase of a trial. The law regarding the unwarranted shackling of defendants in nonjury proceedings, however, remains unsettled. The U.S. Courts of Appeals for the …
Criminal Law-Multiple Jury Joint Trials-On The Joint Trial Of Two Defendants, The Empanelling Of Two Juries Simul- Taneously Is Permissible.
Fordham Urban Law Journal
Defendant was indicted on three separate counts in federal court and two juries were empaneled for one of the counts to try defendant and accomplice simultaneously. When testimony probative as to Sidman, but prejudicial to Clifford was about to be admitted through cross-examination, the jury sitting in judgment of Clifford was excused. Both men were convicted and on appeal Sidman's conviction was affirmed and Clifford's reversed. The multiple jury joint trial is a modification of the jury trial concept. The idea, however, desperately needs direction and it was for this reason that the appellate court, while upholding the conviction, did …
Waiver Of Jury Trial In Criminal Cases In Kentucky, Roy Mitchell Moreland
Waiver Of Jury Trial In Criminal Cases In Kentucky, Roy Mitchell Moreland
Kentucky Law Journal
No abstract provided.
Proposed Legislation: Waiver Of Trial By Jury In Criminal Cases, Roy Mitchell Moreland
Proposed Legislation: Waiver Of Trial By Jury In Criminal Cases, Roy Mitchell Moreland
Kentucky Law Journal
No abstract provided.