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Articles 1 - 6 of 6
Full-Text Articles in Law
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.
"Rummaging Through A Wilderness Of Verbiage" - The Charge Conference, Jury Argument And Instructions, The Hon. Thomas S. Watts
"Rummaging Through A Wilderness Of Verbiage" - The Charge Conference, Jury Argument And Instructions, The Hon. Thomas S. Watts
Campbell Law Review
Judges frequently assume that a lawyer who has engaged in the preparation of pleadings, the extensive discovery practice permitted by both civil and criminal statutes, and who has presented all of his or her evidence to a jury has also researched and understands the law applicable to the lawsuit. Lawyers frequently assume that a judge who has reviewed the court file and presided over the evidentiary portion of the trial also fully comprehends the law of the action. Unfortunately, neither assumption is completely correct, although both bar and trial bench correctly interpret and apply our complex and ever growing body …
Jury Instructions: A Bibliography. Part Ii: Criminal Jury Instructions, Cheryl R. Nyberg, Jane Williams, Carol Boast
Jury Instructions: A Bibliography. Part Ii: Criminal Jury Instructions, Cheryl R. Nyberg, Jane Williams, Carol Boast
Librarians' Articles
Pattern jury instructions are used by trial judges to explain the law to jurors in language that they can understand and that provide consistency from one trial to another. This criminal jury instructions bibliography of 169 entries is a companion to a previous bibliography on civil jury instructions. An index to acronyms for both criminal and civil jury instructions is also included.
Criminal Procedure - Removing The Third Option From The Jury - State V. Strickland, Lisa Boutelle Hardin
Criminal Procedure - Removing The Third Option From The Jury - State V. Strickland, Lisa Boutelle Hardin
Campbell Law Review
Prior to the North Carolina Supreme Court's holding in State v. Strickland, the rule governing second degree murder jury instructions in a first degree murder case was clear. In all murder cases in which the prosecution relied on the elements of premeditation and deliberation to prove that first degree murder had been committed, the trial judge was required to submit the issue of second degree murder to the jury. This rule came from the Court's unanimous decision in State v. Harris. The Court adhered to this rule in several later cases until it heard Strickland in 1983. Apparently …
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
Law Faculty Publications
In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …
Income Taxation And The Calculation Of Tort Damage Awards: The Ramifications Of Norfolk & Western Railway V. Liepelt
Washington and Lee Law Review
No abstract provided.