Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Death penalty (2)
- Sixth Amendment (2)
- United States Supreme Court (2)
- Admissibility (1)
- Anti-Terrorism and Effective Death Penalty Act (1)
-
- Appointed counsel (1)
- Betts v. Brady (1)
- Capital punishment (1)
- Confrontation Clause (1)
- Constitutional violations (1)
- Crawford v. Washington (1)
- Criminal Justice (1)
- Cross-examination (1)
- Decision making (1)
- Defendants (1)
- Deferred prosecution (1)
- Drug courts (1)
- Due process (1)
- Eighth Amendment (1)
- Gideon v. Wainwright (1)
- Habeas corpus (1)
- Habeas review (1)
- Hearsay (1)
- History (1)
- Institutional capacity (1)
- Intellectually disabled defendants (1)
- Judicial interpretation (1)
- Judicial review (1)
- Juvenile defendants (1)
- Law reform (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Substantive Habeas, Kimberly A. Thomas
Substantive Habeas, Kimberly A. Thomas
Articles
Substantive Habeas identifies the US. Supreme Court's recent shift in its habeas jurisprudence from procedure to the substance of habeas review and explores the implications of this change. For decades, the US. Supreme Court has attempted to control the flood of habeas corpus petitions by imposing procedural requirements on prisoners seeking to challenge constitutional error in their cases. These restrictive procedural rules have remained at the center of habeas decision making until recently. Over the past few years, instead of further constraining the procedural gateway for habeas cases, the Supreme Court has shifted its focus to the substance of habeas. …
Gideon V. Wainwright--From A 1963 Perspective, Jerold H. Israel
Gideon V. Wainwright--From A 1963 Perspective, Jerold H. Israel
Articles
Gideon v. Wainwright is more than a “landmark” Supreme Court ruling in the field of constitutional criminal procedure. As evidenced by the range of celebrators of Gideon’s Fiftieth Anniversary (extending far beyond the legal academy) and Gideon’s inclusion in the basic coverage of high school government courses, Gideon today is an icon of the American justice system. I have no quarrel with that iconic status, but I certainly did not see any such potential in Gideon when I analyzed the Court’s ruling shortly after it was announced in March of 1963. I had previously agreed to write an article for …
Street Diversion And Decarceration, Mary Fan
Street Diversion And Decarceration, Mary Fan
Articles
States seeking more cost-effective approaches than imprisoning drug offenders have explored innovations such as drug courts and deferred prosecution. These treatment-based programs generally involve giving diversion discretion to prosecutors and judges, actors further down the criminal processing chain than police. The important vantage of police at the gateway of entry into the criminal system has been underutilized. [para] The article explores developing the capacity of police to take a public health approach to drug offending by engaging in street diversion to treatment rather than criminal processing. This approach entails giving police therapeutic discretion—the power to sort who gets treatment rather …
Cold Comfort Food: A Systematic Examination Of The Rituals And Rights Of The Last Meal, Sarah Gerwig-Moore
Cold Comfort Food: A Systematic Examination Of The Rituals And Rights Of The Last Meal, Sarah Gerwig-Moore
Articles
Last meals are a resilient ritual accompanying executions in the United States. Yet states vary considerably in the ways they administer last meals. This paper explores the recent decision in Texas to abolish the tradition altogether. It seeks to understand, through consultation of historical and contemporary sources, what the ritual signifies. We then go on to analyze execution procedures in all 35 of the states that allowed executions in 2010, and show that last meal allowances are paradoxically at their most expansive in states traditionally associated with high rates of capital punishment (Texas now being the exception to that rule.) …
Citizen Participation: Appraising The Saiban’In System, Daniel H. Foote
Citizen Participation: Appraising The Saiban’In System, Daniel H. Foote
Articles
Of the many reforms affecting the Japanese judiciary that were undertaken in connection with the recommendations of the Justice System Reform Council, one reform above all attracted widespread public attention: the introduction of the so-called saiban'in system. In this system, mixed panels of professional judges and lay jurors judge guilt and assess penalties in serious criminal cases. Following a five-year preparation period, the new system went into effect for the specified categories of crimes for which indictments were issued on or after May 21, 2009, with the first trials under the new system commencing in August 2009. Pursuant to the …
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty's Unraveling, Scott E. Sundby
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty's Unraveling, Scott E. Sundby
Articles
No abstract provided.
The Mold That Shapes Hearsay Law, Richard D. Friedman
The Mold That Shapes Hearsay Law, Richard D. Friedman
Articles
In response to an article previously published in the Florida Law Review by Professor Ben Trachtenberg, I argue that the historical thesis of Crawford v. Washington is basically correct: The Confrontation Clause of the Sixth Amendment reflects a principle about how witnesses should give testimony, and it does not create any broader constraint on the use of hearsay. I argue that this is an appropriate limit on the Clause, and that in fact for the most part there is no good reason to exclude nontestimonial hearsay if live testimony by the declarant to the same proposition would be admissible. I …