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Full-Text Articles in Law
The Model Penal Code’S Wrong Turn: Renunciation As A Defense To Criminal Conspiracy, R. Michael Cassidy
The Model Penal Code’S Wrong Turn: Renunciation As A Defense To Criminal Conspiracy, R. Michael Cassidy
R. Michael Cassidy
While the Model Penal Code was certainly one the most influential developments in criminal law in the past century, the American Law Institute (ALI) took a seriously wrong turn by recognizing a defense of “renunciation” to the crime of conspiracy. Under the Model Penal Code formulation, a member of a conspiracy who later disavows the agreement and thwarts its objective (for example, by notifying authorities of the planned crime in order to prevent its completion) is afforded a complete defense to conspiracy liability. This defense has enormous implications for crimes involving national security and terrorism, which are typically planned covertly …
Where Did My Privilege Go? Congress And Its Discretion To Ignore The Attorney-Client Privilege, Don Berthiaume, Jeffrey Ansley
Where Did My Privilege Go? Congress And Its Discretion To Ignore The Attorney-Client Privilege, Don Berthiaume, Jeffrey Ansley
Don R Berthiaume
“The right to counsel is too important to be passed over for prosecutorial convenience or executive branch whimsy. It has been engrained in American jurisprudence since the 18th century when the Bill of Rights was adopted... However, the right to counsel is largely ineffective unless the confidential communications made by a client to his or her lawyer are protected by law.”[1] So said Senator Arlen Specter on February 13, 2009, just seven months before Congress chose to ignore the very privilege he lauded. Why then, if the right to counsel is as important as Senator Specter articulated, does Congress maintain …
Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy
Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy
R. Michael Cassidy
In a criminal justice system where guilty pleas are the norm and trials the rare exception, the issue of how much discovery a defendant is entitled to before allocution has immense significance. This article examines the scope of a prosecutor’s obligation to disclose impeachment information before a guilty plea. This question has polarized the criminal bar and bedeviled the academic community since the Supreme Court’s controversial decision in United States v. Ruiz (2002). A critical feature of the debate has been the enduring schism between a prosecutor’s legal and ethical obligations – a gulf that the American Bar Association recently …
Federal Criminal Discovery: Handbook Regarding Exculpatory & Impeachment Material, R. Michael Cassidy, Douglas Woodlock, Leo Sorokin
Federal Criminal Discovery: Handbook Regarding Exculpatory & Impeachment Material, R. Michael Cassidy, Douglas Woodlock, Leo Sorokin
R. Michael Cassidy
No abstract provided.
Case & Statute Comments, "Public Education And Crime: Supreme Court Backs States' Rights, R. Michael Cassidy
Case & Statute Comments, "Public Education And Crime: Supreme Court Backs States' Rights, R. Michael Cassidy
R. Michael Cassidy
No abstract provided.
Massachusetts Grand Jury Practice, R. Michael Cassidy
Massachusetts Grand Jury Practice, R. Michael Cassidy
R. Michael Cassidy
No abstract provided.
Case & Statute Comments, Search And Seizure-Search Warrants-Identification Of Confidential Informants, R. Michael Cassidy
Case & Statute Comments, Search And Seizure-Search Warrants-Identification Of Confidential Informants, R. Michael Cassidy
R. Michael Cassidy
No abstract provided.
Case & Statute Comments, The New Massachusetts Drug Asset Forfeiture Law: A Dialogue, R. Michael Cassidy
Case & Statute Comments, The New Massachusetts Drug Asset Forfeiture Law: A Dialogue, R. Michael Cassidy
R. Michael Cassidy
No abstract provided.