Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 118

Full-Text Articles in Law

Criminal Procedure—Jurisdictional Limitations On Federal Judges' Ability To Authorize Electronic Surveillance: A Cry For Congressional Guidance, Meredith A. Powell Apr 2019

Criminal Procedure—Jurisdictional Limitations On Federal Judges' Ability To Authorize Electronic Surveillance: A Cry For Congressional Guidance, Meredith A. Powell

University of Arkansas at Little Rock Law Review

No abstract provided.


Crossing The Line: Techniques Of Closing Argument That Are Out Of Bounds In Criminal Trials, Blake R. Mills Jan 2019

Crossing The Line: Techniques Of Closing Argument That Are Out Of Bounds In Criminal Trials, Blake R. Mills

University of Arkansas at Little Rock Law Review

No abstract provided.


The Right To Appeal In Comparative Perspective, Dražan Djukić Oct 2018

The Right To Appeal In Comparative Perspective, Dražan Djukić

The Journal of Appellate Practice and Process

Appellate procedures regarding the most serious crimes under domestic law are, in general, conducted differently in common law and civil law systems. This article reviews the differences concerning the primary facets of such proceedings, namely prosecutorial rights of appeal, access to appellate review, the scope of appellate review, the admission of additional evidence, appellate decisionmaking powers, and the functions of appellate review. It then explains that these differences result from dissimilar decisionmaking processes, degrees of adherence to the search for the truth, and sources of law.


A Proposal To Change Sentencing Appeals In Arkansas, Anthony L. Mcmullen Dec 2017

A Proposal To Change Sentencing Appeals In Arkansas, Anthony L. Mcmullen

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Law—When The Pillow Talks: Arkansas's Rape Shield Statute Bars Dna Evidence Excluding The Defendant As The Source Of Semen. Thacker V. State, 2015 Ark. 406, 474 S.W.3d 65., Lacon Marie Smith Oct 2017

Criminal Law—When The Pillow Talks: Arkansas's Rape Shield Statute Bars Dna Evidence Excluding The Defendant As The Source Of Semen. Thacker V. State, 2015 Ark. 406, 474 S.W.3d 65., Lacon Marie Smith

University of Arkansas at Little Rock Law Review

No abstract provided.


“What Are My Chances On Appeal?” Comparing Full Appellate Decisions To Per Curiam Affirmances, Steven N. Gosney Oct 2017

“What Are My Chances On Appeal?” Comparing Full Appellate Decisions To Per Curiam Affirmances, Steven N. Gosney

The Journal of Appellate Practice and Process

No abstract provided.


When An Appeal Goes Wrong: A “Criminal Justice Nightmare”, David R. Dow, Jeffrey R. Newberry Oct 2017

When An Appeal Goes Wrong: A “Criminal Justice Nightmare”, David R. Dow, Jeffrey R. Newberry

The Journal of Appellate Practice and Process

No abstract provided.


When The United States Loses In A Criminal Case: The Government Appeal Process, Margaret D. Mcgaughey Oct 2017

When The United States Loses In A Criminal Case: The Government Appeal Process, Margaret D. Mcgaughey

The Journal of Appellate Practice and Process

No abstract provided.


Appellate Review Of Unpreserved Questions In Criminal Cases: An Attempt To Define The Interest Of Justice, Larry Cunningham Jul 2015

Appellate Review Of Unpreserved Questions In Criminal Cases: An Attempt To Define The Interest Of Justice, Larry Cunningham

The Journal of Appellate Practice and Process

No abstract provided.


The Demographic Dilemma In Death Qualification Of Capital Jurors, J. Thomas Sullivan Oct 2014

The Demographic Dilemma In Death Qualification Of Capital Jurors, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Sweeping Down The Plain: A Modern Rule For Direct Review In Oklahoma Criminal Appeals, Bryan Lester Dupler Oct 2014

Sweeping Down The Plain: A Modern Rule For Direct Review In Oklahoma Criminal Appeals, Bryan Lester Dupler

The Journal of Appellate Practice and Process

No abstract provided.


Presumed Guilty, Terrence Cain Nov 2013

Presumed Guilty, Terrence Cain

Faculty Scholarship

It would probably surprise the average American to learn that prosecutors need only prove guilt beyond a reasonable doubt sometimes. Although the Due Process Clauses of the Constitution require that the government prove each element of an alleged criminal offense beyond a reasonable doubt, the use of statutory presumptions has relieved the government of this responsibility, and in some cases, has even shifted the burden to the defendant to disprove the presumption. Likewise, the Sixth Amendment grants a criminal defendant the right to have the jury and the jury alone determine whether the government has met its burden and ultimately ...


Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua Kastenberg Oct 2013

Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua Kastenberg

The Journal of Appellate Practice and Process

No abstract provided.


Constitutional Law—Sixth Amendment—Braving Confrontation: Arkansas’S Progressive Position Regarding Criminal Defendants’ Confrontation Rights At Sentencing, Cassie R. Howell Apr 2013

Constitutional Law—Sixth Amendment—Braving Confrontation: Arkansas’S Progressive Position Regarding Criminal Defendants’ Confrontation Rights At Sentencing, Cassie R. Howell

University of Arkansas at Little Rock Law Review

No abstract provided.


Sentence Appeals In England: Promoting Consistent Sentencing Through Robust Appellate Review, Briana Lynn Rosenbaum Apr 2013

Sentence Appeals In England: Promoting Consistent Sentencing Through Robust Appellate Review, Briana Lynn Rosenbaum

The Journal of Appellate Practice and Process

No abstract provided.


Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan Jan 2013

Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan

University of Arkansas at Little Rock Law Review

The United States Constitution as well as state procedural rules require prosecutorial authorities to disclose evidence to the defense as a means for ensuring fairness in the prosecution of individuals charged with criminal offenses. When prosecutorial authorities fail to disclose evidence as required, the integrity of the criminal justice system is threatened and the defense is unable to adequately prepare for trial. This threat is illustrated and magnified by the substantiation of prosecutorial misconduct claims in high profile trials where prosecutors have been unable to resist the temptation not to disclose evidence that could damage the prosecution's case, or ...


Furman, After Four Decades, J. Thomas Sullivan Jan 2013

Furman, After Four Decades, J. Thomas Sullivan

Faculty Scholarship

Problems of racial discrimination in the imposition of capital sentences, disclosure of misconduct by prosecutors and police, inconsistency in the quality of defense afforded capital defendants, exoneration of death row inmates due to newly available DNA testing, and, most recently, controversies surrounding the potential for cruelty in the execution process itself continue to complicate views about the morality, legality, and practicality of reliance on capital punishment to address even the most heinous of homicide offenses. Despite repeated efforts by the Supreme Court to craft a capital sentencing framework that ensures that death sentences be imposed fairly in light of the ...


Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan Jan 2013

Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Two Books, Ten Days, Nancy Bellhouse May Apr 2012

Two Books, Ten Days, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton Apr 2012

The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton

The Journal of Appellate Practice and Process

No abstract provided.


A Sober Second Thought, Andrew H. Schapiro Apr 2012

A Sober Second Thought, Andrew H. Schapiro

The Journal of Appellate Practice and Process

No abstract provided.


The Invalidity Of A Plea Of Guilty To A Criminal Offense Made By Video Teleconferencing When The Defendant Is Not Present In Open Court, William R. Simpson Jr., Clint Miller, David Sudduth Jan 2012

The Invalidity Of A Plea Of Guilty To A Criminal Offense Made By Video Teleconferencing When The Defendant Is Not Present In Open Court, William R. Simpson Jr., Clint Miller, David Sudduth

University of Arkansas at Little Rock Law Review

A guilty plea by a defendant is more than an admission of conduct; it is the nail in the coffin that closes the case and results in conviction. Despite the critical importance of this moment, Arkansas district and circuit courts are more commonly taking guilty pleas from defendants by video teleconferencing (VTC) instead of requiring defendants to be physically present in the courtroom. This essay sets forth three separate arguments in support of the notion that a guilty plea to a criminal offense by VTC without the defendant being present in open court is invalid as a matter of Arkansas ...


Comparing Appels And Oranges: Evaluating The Link Between Appeal Processes And Judiciary Structures In Canada And France, Mike Madden Oct 2011

Comparing Appels And Oranges: Evaluating The Link Between Appeal Processes And Judiciary Structures In Canada And France, Mike Madden

The Journal of Appellate Practice and Process

No abstract provided.


Brady-Based Prosecutorial Misconduct Claims, Buckley, And The Arkansas Coram Nobis Remedy, J. Thomas Sullivan Jan 2011

Brady-Based Prosecutorial Misconduct Claims, Buckley, And The Arkansas Coram Nobis Remedy, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


That Ain't Kosher, Robert Steinbuch, Brett Tolman Oct 2010

That Ain't Kosher, Robert Steinbuch, Brett Tolman

University of Arkansas at Little Rock Law Review

No abstract provided.


International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal Jul 2010

International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Law - Evidence Of Inactive Drug Metabolites In Dui Cases: Using A Proximate Cause Analysis To Fill The Evidentiary Gap Between Prior Drug Use And Driving Under The Influence, Matthew C. Rappold Jul 2010

Criminal Law - Evidence Of Inactive Drug Metabolites In Dui Cases: Using A Proximate Cause Analysis To Fill The Evidentiary Gap Between Prior Drug Use And Driving Under The Influence, Matthew C. Rappold

University of Arkansas at Little Rock Law Review

No abstract provided.


Lethal Discrimination, J. Thomas Sullivan Apr 2010

Lethal Discrimination, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Developing A State Constitutional Law Strategy In New Mexico Criminal Prosecutions, J. Thomas Sullivan Jan 2009

Developing A State Constitutional Law Strategy In New Mexico Criminal Prosecutions, J. Thomas Sullivan

Faculty Scholarship

This article includes a review of the process by which the New Mexico courts have developed an independent state constitutional jurisprudence reflecting more expansive protections of individual rights than those afforded by the Federal Constitution, as interpreted in the decisions of the United States Supreme Court. It addresses the existing body of state constitutional law and suggests possibilities for further developments, including both the substantive aspects of state constitutional topics and the procedural requirements for asserting state constitutional protections as alternative sources for protection of individual rights. It documents how far New Mexico has come in developing a state constitutional ...


Danforth, Retroactivity, And Federalism, J. Thomas Sullivan Oct 2008

Danforth, Retroactivity, And Federalism, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.