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Full-Text Articles in Law

The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss Mar 2015

The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss

Washington and Lee Law Review

No abstract provided.


The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell L. Christopher Jan 2015

The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell L. Christopher

Washington and Lee Law Review

Are decades-long delays between sentencing and execution immune from Eighth Amendment violation because they are self-inflicted by prisoners, or is such prisoner fault for delays simply irrelevant to whether a state-imposed punishment is cruel and unusual? Typically finding delay to be the state’s responsibility, Justices Breyer and Stevens argue that execution following upwards of forty years of death row incarceration is unconstitutional. Nearly every lower court disagrees, reasoning that prisoners have the choice of pursuing appellate and collateral review (with the delay that entails) or crafting the perfect remedy to any delay by submitting, as Justice Thomas has invited complaining …


The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Meg E. Sawyer Jan 2015

The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Meg E. Sawyer

Washington and Lee Law Review

No abstract provided.


Comment On The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Kevin Flynn Jan 2015

Comment On The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Kevin Flynn

Washington and Lee Law Review

No abstract provided.


The Prior Convictions Exception—A Comment, Matthew Engle Jan 2015

The Prior Convictions Exception—A Comment, Matthew Engle

Washington and Lee Law Review

No abstract provided.


Why Strickland Is The Wrong Test For Violations Of The Right To Testify, Daniel J. Capra, Joseph Tartakovsky Jan 2013

Why Strickland Is The Wrong Test For Violations Of The Right To Testify, Daniel J. Capra, Joseph Tartakovsky

Washington and Lee Law Review

A criminal accused has a constitutional right to testify in his own defense. The right has an undisputed place alongside the most important “personal” rights, like the right to remain silent or the right to represent oneself. But in the 1990s, courts began to apply the ineffective-assistance test of Strickland v. Washington to evaluate claims by a defendant that his right to testify was abridged. In practice this nullifies the right. Moreover, the Strickland test is inapposite because it focuses on counsel and not the defendant’s right to testify. This Article proposes a new test to better secure and enforce …


Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth Amendment, Laura I. Appleman Jun 2012

Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth Amendment, Laura I. Appleman

Washington and Lee Law Review

In a criminal system that tips heavily to the side of wealth and power, we routinely detain the accused in often horrifying conditions, confined in jails while still maintaining the presumption of innocence. Here, in the rotting jail cells of impoverished defendants, lies the Shadowlands of Justice, where the lack of criminal procedure has produced a darkness unrelieved by much scrutiny or concern on the part of the law. This Article contends that our current system of pretrial detention lies in shambles, routinely incarcerating the accused in horrifying conditions often far worse than those of convicted offenders in prisons. Due …


The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown Sep 2002

The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown

Washington and Lee Law Review

No abstract provided.


Primer For The Nonmathematically Inclined On Mathematical Evidence In Criminal Cases: People V. Collins And Beyond, David Mccord Sep 1990

Primer For The Nonmathematically Inclined On Mathematical Evidence In Criminal Cases: People V. Collins And Beyond, David Mccord

Washington and Lee Law Review

No abstract provided.


Sentencing Reform And Appellate Review, William W. Wilkins, Jr. Mar 1989

Sentencing Reform And Appellate Review, William W. Wilkins, Jr.

Washington and Lee Law Review

No abstract provided.


Parallel Proceedings: The Impact Of Sec V. Dresser Industries, Inc. Jun 1981

Parallel Proceedings: The Impact Of Sec V. Dresser Industries, Inc.

Washington and Lee Law Review

No abstract provided.


"Your Papers, Please." Is An Identification Requirement Constitutional? Jan 1980

"Your Papers, Please." Is An Identification Requirement Constitutional?

Washington and Lee Law Review

No abstract provided.


Manson V. Brathwaite: Looking For The Silver Lining In The Area Of Eyewitness Identifications Sep 1978

Manson V. Brathwaite: Looking For The Silver Lining In The Area Of Eyewitness Identifications

Washington and Lee Law Review

No abstract provided.


Expanding Criminal Procedural Rights Under State Constitutions Sep 1976

Expanding Criminal Procedural Rights Under State Constitutions

Washington and Lee Law Review

No abstract provided.


Lefkowitz V. Newsome: The Supreme Court Takes Another Look At Guilty Pleas Jan 1976

Lefkowitz V. Newsome: The Supreme Court Takes Another Look At Guilty Pleas

Washington and Lee Law Review

No abstract provided.


Judicial Problems In Administering Court Appointment Of Counsel For Indigents Mar 1971

Judicial Problems In Administering Court Appointment Of Counsel For Indigents

Washington and Lee Law Review

No abstract provided.


For A Swifter Criminal Appealto Protect The Public As Well As The Accused, Albert V. Bryan Sep 1968

For A Swifter Criminal Appealto Protect The Public As Well As The Accused, Albert V. Bryan

Washington and Lee Law Review

No abstract provided.


Increased Sentence Upon Retrial Mar 1968

Increased Sentence Upon Retrial

Washington and Lee Law Review

No abstract provided.


Jury Trial Of Crimes, Lewis F. Powell, Jr. Mar 1966

Jury Trial Of Crimes, Lewis F. Powell, Jr.

Washington and Lee Law Review

No abstract provided.


Double Punishment For Burglarious Offenses Mar 1966

Double Punishment For Burglarious Offenses

Washington and Lee Law Review

No abstract provided.


The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter Mar 1966

The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter

Washington and Lee Law Review

No abstract provided.


A Handbook Of Federal Habeas Corpus. Ronald P. Sokol. Mar 1966

A Handbook Of Federal Habeas Corpus. Ronald P. Sokol.

Washington and Lee Law Review

No abstract provided.


Involuntary Confessions And New York Procedure Sep 1963

Involuntary Confessions And New York Procedure

Washington and Lee Law Review

No abstract provided.


Road Blocks To Inspect Drivers' Licenses Sep 1963

Road Blocks To Inspect Drivers' Licenses

Washington and Lee Law Review

No abstract provided.


Pre-Trial Discovery By The Prosecution In A Criminal Case Mar 1963

Pre-Trial Discovery By The Prosecution In A Criminal Case

Washington and Lee Law Review

No abstract provided.


Confining Material Witnesses In Criminal Cases Mar 1963

Confining Material Witnesses In Criminal Cases

Washington and Lee Law Review

No abstract provided.


Prosecutor's Reference To Parole In Argument To Jury Mar 1963

Prosecutor's Reference To Parole In Argument To Jury

Washington and Lee Law Review

No abstract provided.


Appointment Of Counsel For Indigent Defendants, Reno S. Harp, Iii Sep 1962

Appointment Of Counsel For Indigent Defendants, Reno S. Harp, Iii

Washington and Lee Law Review

No abstract provided.


Procedural Methods For Raising Insanity In Criminal Actions In Virginia Sep 1961

Procedural Methods For Raising Insanity In Criminal Actions In Virginia

Washington and Lee Law Review

No abstract provided.


Multiple Prosecutions, Collateral Estoppel And The Constitution Mar 1959

Multiple Prosecutions, Collateral Estoppel And The Constitution

Washington and Lee Law Review

No abstract provided.