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Articles 31 - 60 of 134
Full-Text Articles in Law
Criminal Procedure, Justice, Ethics, And Zeal, Darryl K. Brown
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
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
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
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
"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
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 …
Coping With "Loss": A Re-Examination Of Sentencing Federal Economic Crimes Under The Guidelines, Frank O. Bowman Iii
Coping With "Loss": A Re-Examination Of Sentencing Federal Economic Crimes Under The Guidelines, Frank O. Bowman Iii
Faculty Publications
This Article has three objectives. First, it attempts to rethink the sentencing of federal economic criminals in light of the basic purposes of sentencing and of the Guidelines' particular structure and objectives. Second, it examines the deficiencies in the current sentencing guidelines regarding theft, fraud, and other economic crimes, and the problem areas in the case law construing those guidelines. Third, it proposes and analyzes a consolidated guideline, together with accompanying application notes, for sentencing virtually all theft and fraud cases (a draft of which follows the text of this Article as Appendix A).
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.
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
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
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
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
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
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.
Guilt And Innocence Are Matters Of Degree, Death Is Final: What To Do When Your Client Prefers Execution, Andrea L. Moseley
Guilt And Innocence Are Matters Of Degree, Death Is Final: What To Do When Your Client Prefers Execution, Andrea L. Moseley
Capital Defense Journal
No abstract provided.
Aggravating And Mitigating Factors: The Paradox Of Today's Arbitrary And Mandatory Capital Punishment Scheme, Jeffrey L. Kirchmeier
Aggravating And Mitigating Factors: The Paradox Of Today's Arbitrary And Mandatory Capital Punishment Scheme, Jeffrey L. Kirchmeier
William & Mary Bill of Rights Journal
Over twenty years ago, the United States Supreme Court held that both mandatory capital sentencing schemes and total discretionary capital sentencing schemes violate the Eighth Amendment. According to Jeffrey Kirchmeier, the "guided discretion" capital sentencing scheme of sentencing factors that has developed, however, has the constitutional problems of both mandatory death penalties and unlimited discretion death penalties.
Justices Scalia, Blackmun, and Thomas have noted that the mandate of unlimited mitigating circumstances has resulted in an arbitrary system. Kirchmeier argues that today's sentencing scheme is arbitrary also because of undefined aggravating factors, unlimited nonstatutory aggravating factors, and victim impact evidence. According …
The Current State Of The Peremptory Challenge, Coburn R. Beck
The Current State Of The Peremptory Challenge, Coburn R. Beck
William & Mary Law Review
No abstract provided.
The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Evan Tsen Lee, Ashutosh Bhagwat
The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Evan Tsen Lee, Ashutosh Bhagwat
Faculty Scholarship
No abstract provided.
Integrated Criminal Justice Technologies: An Introduction, J. Clark Kelso
Integrated Criminal Justice Technologies: An Introduction, J. Clark Kelso
McGeorge School of Law Scholarly Articles
No abstract provided.
Integrated Criminal Justice Technologies: An Introduction, J. Clark Kelso
Integrated Criminal Justice Technologies: An Introduction, J. Clark Kelso
McGeorge Law Review
No abstract provided.
Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz
Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
Prosecutorial Misconduct In Closing Argument In Arkansas Criminal Trials, J. Thomas Sullivan
Prosecutorial Misconduct In Closing Argument In Arkansas Criminal Trials, J. Thomas Sullivan
University of Arkansas at Little Rock Law Review
No abstract provided.
An End To Silence: Women Prisoners’ Handbook On Identifying And Addressing Sexual Misconduct, 2nd Ed., Brenda V. Smith, Marcia Greenberger, Nancy Duff Campbell, Deborah Brake, Joanna Grossman, Kathie Donnelly, Laura Cutiletta, Christina Davis, Marelisa Fabrega, Kristin Flynn, Kristin Holman, Jessica Jackson, Heather Lamberg, Kimberly Harris, Shauna Helton, Alvin Stith, Aurie Hall, Jonathan Smith, Andie Moss, Theresa Hunt Katsel, Drs. Elaine Carmen, Shelley Neiderbach
An End To Silence: Women Prisoners’ Handbook On Identifying And Addressing Sexual Misconduct, 2nd Ed., Brenda V. Smith, Marcia Greenberger, Nancy Duff Campbell, Deborah Brake, Joanna Grossman, Kathie Donnelly, Laura Cutiletta, Christina Davis, Marelisa Fabrega, Kristin Flynn, Kristin Holman, Jessica Jackson, Heather Lamberg, Kimberly Harris, Shauna Helton, Alvin Stith, Aurie Hall, Jonathan Smith, Andie Moss, Theresa Hunt Katsel, Drs. Elaine Carmen, Shelley Neiderbach
Reports
The National Women’s Law Center is a non-profit organization that has been working since 1972 to advance and protect women’s legal rights. The Center focuses on major policy areas of importance to women and their families including education, employment, reproductive rights, health, family support and income security, with special attention given to the concerns of low-income women.
As a legal arm of the women’s movement, the Center has litigated ground-breaking cases and filed briefs in landmark Supreme Court decisions; advocated before state and federal policymakers to shape legislation and policies affecting women’s lives; and educated the public about issues important …
Harris V. Commonwealth: The Use Of "Statutory" Aggravating Circumstances In Kentucky's Sentencing Procedure, Melissa Bartlett
Harris V. Commonwealth: The Use Of "Statutory" Aggravating Circumstances In Kentucky's Sentencing Procedure, Melissa Bartlett
Kentucky Law Journal
No abstract provided.
Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson
Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Evidence: 1996-1997 Survey Of New York Law, Faust Rossi
Evidence: 1996-1997 Survey Of New York Law, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
Individual Liability For Conduct By Criminal Organizations In The United States, Peter J. Henning
Individual Liability For Conduct By Criminal Organizations In The United States, Peter J. Henning
Law Faculty Research Publications
No abstract provided.