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Full-Text Articles in Law

Probation Officers Look At Plea Bargaining, And Do Not Like What They See, David Yellen May 1996

Probation Officers Look At Plea Bargaining, And Do Not Like What They See, David Yellen

Articles

The Probation Officers Advisory Group's survey provides valuable insights into plea bargaining practices under the federal guidelines. Probation officers play a crucial role in guideline sentencing, and their views on the plea bargaining process are significant both because of their proximity to that process and the influence they wield with judges. The survey responses thus deserve attention and may spark lively debate within the Sentencing Commission and elsewhere. Depending on one's perspective, the picture that emerges is of plea bargaining either as a safety valve to mitigate the harshness and rigidity of the guidelines, or an unregulated process that threatens …


Rape, Race, And Representation: The Power Of Discourse, Discourses Of Power, And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias Jan 1996

Rape, Race, And Representation: The Power Of Discourse, Discourses Of Power, And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias

Articles

No abstract provided.


The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam Jan 1996

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam

Articles

No abstract provided.


The Risks Of Death: Why Erroneous Convictions Are Common In Capital Cases (Symposium: The New York Death Penalty In Context), Samuel R. Gross Jan 1996

The Risks Of Death: Why Erroneous Convictions Are Common In Capital Cases (Symposium: The New York Death Penalty In Context), Samuel R. Gross

Articles

As the Supreme Court has said, time and again, death is different: It is "different in kind from any other punishment imposed under our system of criminal justice;"1 it "differs more from life imprisonment than a 100-year sentence differs from one of only a year or two;"' 2 and so forth. Traditionally, this observation has justified special procedural protections for capital defendants. Justice Harlan put it nicely nearly forty years ago: "I do not concede that whatever process is 'due' an offender faced with a fine or a prison sentence necessarily satisfies the requirements of the Constitution in a capital …


Reply To Daniel Polsby (Symposium: The New York Death Penalty In Context), Samuel R. Gross Jan 1996

Reply To Daniel Polsby (Symposium: The New York Death Penalty In Context), Samuel R. Gross

Articles

I'd like to offer a few words in response to Professor Polsby's articulate, forceful and amusing essay in favor of capital punishment.


Excessive Criminal Justice Caseloads: Challenging The Conventional Wisdom, Jerold H. Israel Jan 1996

Excessive Criminal Justice Caseloads: Challenging The Conventional Wisdom, Jerold H. Israel

Articles

Since the mid-1960s, no element of the criminal justice environment has received more attention and been accorded greater importance, in both popular and professional commentary, than has the pressure of heavy caseloads. The lack of sufficient resources to deal with overbearing caseloads has been widely characterized as the most pervasive and most critical administrative challenge faced by police, prosecutors, public defenders, and courts.' National commissions have regularly complained that the criminal justice system is "overcrowded, overworked, [and] undermanned," and must be given "substantially more money" to cure those ills if it is ever to perform all of the tasks assigned …


Race-Ing Legal Ethics, Anthony V. Alfieri Jan 1996

Race-Ing Legal Ethics, Anthony V. Alfieri

Articles

No abstract provided.