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Full-Text Articles in Law
"Rummaging Through A Wilderness Of Verbiage" - The Charge Conference, Jury Argument And Instructions, The Hon. Thomas S. Watts
"Rummaging Through A Wilderness Of Verbiage" - The Charge Conference, Jury Argument And Instructions, The Hon. Thomas S. Watts
Campbell Law Review
Judges frequently assume that a lawyer who has engaged in the preparation of pleadings, the extensive discovery practice permitted by both civil and criminal statutes, and who has presented all of his or her evidence to a jury has also researched and understands the law applicable to the lawsuit. Lawyers frequently assume that a judge who has reviewed the court file and presided over the evidentiary portion of the trial also fully comprehends the law of the action. Unfortunately, neither assumption is completely correct, although both bar and trial bench correctly interpret and apply our complex and ever growing body …
Criminal Procedure - Removing The Third Option From The Jury - State V. Strickland, Lisa Boutelle Hardin
Criminal Procedure - Removing The Third Option From The Jury - State V. Strickland, Lisa Boutelle Hardin
Campbell Law Review
Prior to the North Carolina Supreme Court's holding in State v. Strickland, the rule governing second degree murder jury instructions in a first degree murder case was clear. In all murder cases in which the prosecution relied on the elements of premeditation and deliberation to prove that first degree murder had been committed, the trial judge was required to submit the issue of second degree murder to the jury. This rule came from the Court's unanimous decision in State v. Harris. The Court adhered to this rule in several later cases until it heard Strickland in 1983. Apparently …