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Full-Text Articles in Law
The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss
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
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
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
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
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
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
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
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
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.
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.
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?
"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
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
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
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
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
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
Jury Trial Of Crimes, Lewis F. Powell, Jr.
Jury Trial Of Crimes, Lewis F. Powell, Jr.
Washington and Lee Law Review
No abstract provided.
Double Punishment For Burglarious Offenses
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
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.
A Handbook Of Federal Habeas Corpus. Ronald P. Sokol.
Washington and Lee Law Review
No abstract provided.
Involuntary Confessions And New York Procedure
Involuntary Confessions And New York Procedure
Washington and Lee Law Review
No abstract provided.
Road Blocks To Inspect Drivers' Licenses
Road Blocks To Inspect Drivers' Licenses
Washington and Lee Law Review
No abstract provided.
Pre-Trial Discovery By The Prosecution In A Criminal Case
Pre-Trial Discovery By The Prosecution In A Criminal Case
Washington and Lee Law Review
No abstract provided.
Confining Material Witnesses In Criminal Cases
Confining Material Witnesses In Criminal Cases
Washington and Lee Law Review
No abstract provided.
Prosecutor's Reference To Parole In Argument To Jury
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
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
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
Multiple Prosecutions, Collateral Estoppel And The Constitution
Washington and Lee Law Review
No abstract provided.