Law Commons^™

An Attempt To Level The Playing Field: Obtaining Resources In State And Federal Habeas, David D. Leshner

Capital Defense Journal

No abstract provided.

Dubois V. Greene No. 97-21, 1998 Wl 276282 (4th Cir. May 20, 1998)

Capital Defense Journal

No abstract provided.

Fitzgerald V. Greene 150 F.3d 357 (4th Cir. 1998)

Capital Defense Journal

No abstract provided.

Wilson V. Greene 155 F.3d 396 (4th Cir. 1998)

Capital Defense Journal

No abstract provided.

Wright V. Angelone 151 F.3d 151 (4th Cir. 1998)

Capital Defense Journal

No abstract provided.

Jackson V. Commonwealth 499 S.E.2d 538 (Va. 1998)

Capital Defense Journal

No abstract provided.

Federal Sentencing Guidelines, Andrea Wilson

Mercer Law Review

Appeals attempting to resolve issues concerning the United States Sentencing Guidelines ("U.S.S.G.") continue to require much of the resources of the Eleventh Circuit Court of Appeals. The sentencing guidelines are the driving force behind thousands of prosecutions and appeals each year. However, the number of amendments to the guidelines has diminished in recent years, and the court seems to be free to do more fine-tuning than in the past.

Smith V. State: The Georgia Supreme Court Mandated Jury Instructions In Battered Person Syndrome Cases, Sherry M. Hall

Mercer Law Review

After a recent Georgia Supreme Court ruling, battered person syndrome is entitled to separate jury charges when the defendant properly establishes the battered person syndrome self-defense claim.

Criminal Procedure, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase

West Virginia Law Review

No abstract provided.

The American Adversary System, William T. Pizzi

West Virginia Law Review

No abstract provided.

Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler

West Virginia Law Review

No abstract provided.

Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger

West Virginia Law Review

No abstract provided.

European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel

West Virginia Law Review

No abstract provided.

Criminal Procedure, Justice, Ethics, And Zeal, Darryl K. Brown

Michigan Law Review

William Stuntz's recent article, The Uneasy Relationship Between Criminal Procedure and Criminal Justice, offers a series of thoughtful observations on the reasons that criminal procedure doctrines designed to protect defendants have done so little to improve the criminal justice system. Stuntz's article describes the unintended effects of attempts by the United States Supreme Court to improve criminal justice by closely regulating criminal procedure. That procedural focus has had perverse effects because, in a dynamic criminal justice system, other institutional players have responded to procedural rules in ways that undermine appellate courts' goals. Specifically, legislatures have reacted by expanding substantive criminal …

Race, Rights, And Remedies In Criminal Adjudication, Pamela S. Karlan

Michigan Law Review

Once upon a time, back before the Warren Court, criminal procedure and racial justice were adjacent hinterlands in constitutional law's empire. In 1954, the fifth edition of Dowling's constitutional law casebook contained one chapter on "procedural due process" in which six of the eight cases were about criminal justice, and three of those - Powell v. Alabama, Moore v. Dempsey, and Bailey v. Alabama - were as much about race as they were about crime. A few pages later, two slender chapters on the "national protection of civil rights" and "equal protection of the laws" contained seven and nine decisions, …

The History Of The Special (Struck) Jury In The United States And Its Relation To Voir Dire Practices, The Reasonable Cross-Section Requirement, And Peremptory Challenges, James Oldham

William & Mary Bill of Rights Journal

In this Article, Professor Oldham provides a unique historical study of the special, or struck, jury in the United States. First, Professor Oldham discusses the influence of the 1730 English statute on eighteenth- century American law and reviews the procedures of several states in which the struck jury remains valid, in addition to the once authorized procedures that states have since declared invalid. He also analyzes the relationship between the struck jury and peremptory challenges. Second, Professor Oldham analyzes the special qualifications of the jurors comprising special juries in the context of the "blue ribbon," or "high-class, " jury, the …

Choosing Perspectives In Criminal Procedure, Ronald J. Bacigal

William & Mary Bill of Rights Journal

In this Article, Professor Bacigal examines the Supreme Court's use of various perspectives in examining the reasonableness of searches and seizures. Although the Supreme Court purports to rely on a consistent method of constitutional analysis when rendering decisions on Fourth Amendment issues, the case law in this area indicates that the Court is influenced sometimes by the citizen's perspective, sometimes by the police officers' perspective, and sometimes by the perspective of the hypothesized reasonable person.

After identifying the role of perspectives in a number of seminal Court decisions, Professor Bacigal discusses the benefits and limitations of the Court's reliance on …

The Inevitable Discovery Doctrine Today: The Demands Of The Fourth Amendment, Nix, And Murray, And The Disagreement Among The Federal Circuits, Troy E. Golden

Brigham Young University Journal of Public Law

No abstract provided.

"We The People" And Our Enduring Values, Susan Bandes

Michigan Law Review

Akhil Amar chides legal scholars for believing that the current system of criminal procedure, both substantive and remedial, is constitutionally compelled. He writes, "Scholars should know better, but too few of those who write in criminal procedure do serious, sustained scholarship in constitutional law generally, or in fields like federal jurisdiction and remedies" (p. 115). Amar believes, as I do, that criminal procedure has been impoverished by its failure to connect to "larger themes of constitutional, remedial and jurisdictional theory" (p. 115). But as one who has done serious, sustained scholarship in all the areas Amar mentions - or so …

Old Chief V. United States: Radical Change Or Minor Departure? How Much Further Will Courts Go In Limiting The Prosecution's Ability To Try Its Case?, Scott Patterson

Mercer Law Review

In Old Chief v. United States, the United States Supreme Court held that a district court abused its discretion under rule 403 of the Federal Rules of Evidence ("Rule 403") when it refused a defendant's offer to stipulate to a prior assault conviction, and instead admitted the full record of the conviction, when the sole purpose of the evidence was to prove the prior conviction element of a felon in possession of a firearm charge. The holding marks the first time the Supreme Court has limited the time-honored principal of allowing the prosecution the freedom to refuse offers to …

Maintaining An Accusatorial System Of Justice: The States' Refusal To Follow The Supreme Court's Sanctioning Of Official Police Deception In Moran V. Burbine, John F. Terzano

University of the District of Columbia Law Review

Ours is the accusatorial as opposed to the inquisitorial system. Such has been the characteristic of Anglo-American criminal justice since it freed itself from practices borrowed by the Star Chamber from the Continent whereby an accused was interrogated in secret for hours on end. Under our system society carries the burden of proving its charge against the accused not out of his own mouth. It must establish its case, not by interrogation of the accused even under judicial safeguards, but by evidence independently secured through skillful investigation.... Protracted, systematic and uncontrolled subjection of an accused to interrogation by the police …

Criminal Discovery: What Truth Do We Seek?, Milton C. Lee Jr.

University of the District of Columbia Law Review

No abstract provided.

Lambrix V. Singletary 117 S.Ct. 1517 (1997) United States Supreme Court

Capital Defense Journal

No abstract provided.

Eaton V. Angelone 1998 Wl 128570 (4th Cir. Mar. 24, 1998) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.

A Modest Proposal: Requiring Proof Beyond A Reasonable Doubt For Unadjudicated Acts Offered To Prove Future Dangerousness, Tommy Barrett

Capital Defense Journal

No abstract provided.

Beavers V. Pruett 1997 Wil 585739 (4th Cir. Sept. 23, 1997)' United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.

Interpreting The Constitution From Inside The Jury Box: Affecting Interstate Commerce As An Element Of The Crime, Richard W. Smith

Washington and Lee Law Review

No abstract provided.

Breard V. Pruett 134 F.3d 615 (4th Cir. 1998) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.

Disparate Application Of Tue Contemporary Objection Rule And Tile "Ends Of Justice" Exception In Capital Cases, Michael C. Sprano

Capital Defense Journal

No abstract provided.