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Articles 1 - 30 of 30
Full-Text Articles in Law
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
Journal of Race, Gender, and Ethnicity
No abstract provided.
Remorse, Not Race: Essence Of Parole Release?, Lovashni Khalikaprasad
Remorse, Not Race: Essence Of Parole Release?, Lovashni Khalikaprasad
Journal of Race, Gender, and Ethnicity
No abstract provided.
Perjury By Omission, Ira P. Robbins
Perjury By Omission, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
“Do you swear to tell the truth, the whole truth, and nothing but the truth?” There are few legal phrases that the layperson can repeat verbatim; this is one of them. But how many people truly understand the nuances and ramifications of testifying under oath? Many assume that if they do not provide the “whole truth” under oath, they will face a perjury charge. However, perjury is a charge often threatened but rarely used. The offense requires that the defendant willfully and knowingly make a false statement, under oath, regarding a material fact.
The federal perjury statute does not contemplate …
Classified Information Cases On The Ground: Altering The Attorney-Client Relationship, Paul G. Gill
Classified Information Cases On The Ground: Altering The Attorney-Client Relationship, Paul G. Gill
University of Richmond Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Touro Law Review
No abstract provided.
Gideon And The Effective Assistance Of Counsel: The Rhetoric And The Reality, David Rudovsky
Gideon And The Effective Assistance Of Counsel: The Rhetoric And The Reality, David Rudovsky
All Faculty Scholarship
There is general agreement that the “promise” of Gideon has been systematically denied to large numbers of criminal defendants. In some cases, no counsel is provided; in many others, excessive caseloads and lack of resources prevent appointed counsel from providing effective assistance. Public defenders are forced to violate their ethical obligations by excessive case assignments that make it impossible for them to practice law in accordance with professional standards, to say nothing of Sixth Amendment commands. This worsening situation is caused by the failure of governmental bodies to properly fund indigent defense services and by the refusal of courts to …
Legal Malpractice, Professional Discipline, And Representation Of The Indigent Defendant, Richard Klein
Legal Malpractice, Professional Discipline, And Representation Of The Indigent Defendant, Richard Klein
Richard Daniel Klein
No abstract provided.
The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus, John C. Meringolo
The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus, John C. Meringolo
NYLS Law Review
No abstract provided.
The Relationship Between Defense Counsel, Policyholders, And Insurers: Nevada Rides Yellow Cab Toward "Two-Client" Model Of Tripartite Relationship. Are Cumis Counsel And Malpractice Claims By Insurers Next?, Jeffrey W. Stempel
Scholarly Works
It happens constantly in civil litigation. An insurance company hires a lawyer to defend its policyholder from a third party’s claim of injury. But just who is the lawyer’s “client?” Is it the policyholder who is the named defendant in the case and is “represented” in court proceedings? Or is it the insurer who, in most cases, selected the attorney, pays the attorney, supervises the litigation, and has (by the terms of the liability insurance policy) the right to settle the case, even over the objections of the policyholder? Ordinarily, the liability insurer has both the duty to defend a …
Punishment Evidence: Grunsfeld Ten Years Later., Edward L. Wilkinson
Punishment Evidence: Grunsfeld Ten Years Later., Edward L. Wilkinson
St. Mary's Law Journal
This Article deals with the admissible evidence during the punishment phase of a non-capital trial in Texas. In 1989, the Texas Legislature amended Article 37.07, Section 3(a) of the Texas Code of Criminal Procedure to widen the scope of evidence admissible during the punishment phase of a non-capital trial. Grunsfel v. State, the leading case, the Court of Criminal Appeals interpreted the statute so narrowly as to render the changes meaningless. In 1993, the legislature amended the statute a second time; it provided for a more expansive range of evidence to be introduced, but deleted a critical definition of what …
Allocation Of Decisionmaking Between Defense Counsel And Criminal Defendant: An Empirical Study Of Attorney-Client Decisionmaking, Rodney J. Uphoff
Allocation Of Decisionmaking Between Defense Counsel And Criminal Defendant: An Empirical Study Of Attorney-Client Decisionmaking, Rodney J. Uphoff
Faculty Publications
In Commonwealth v. Woodward, the highly publicized murder trial of an au pair accused of killing an infant in her care, the defense team faced a strategic decision commonly encountered at trial: whether to request or to object to lesser included jury instructions. Put simply, the Woodward defense team had to decide whether to ask for an instruction that would permit the jury to return a manslaughter verdict, or to object to such an instruction, leaving the jury only the choice either to acquit the defendant or to convict her of second degree murder as charged in the indictment. Undoubtedly …
Ineffective Assistance Of Counsel
A Note To Our Readers, The Editors
Ineffective Assistance Of Counsel
Ineffective Assistance Of Counsel
Legal Malpractice, Professional Discipline, And Representation Of The Indigent Defendant, Richard Klein
Legal Malpractice, Professional Discipline, And Representation Of The Indigent Defendant, Richard Klein
Scholarly Works
No abstract provided.