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When The Emperor Has No Clothes Ii: A Proposal For A More Serious Look At “The Weight Of The Evidence”, Carrie Leonetti
When The Emperor Has No Clothes Ii: A Proposal For A More Serious Look At “The Weight Of The Evidence”, Carrie Leonetti
Carrie Leonetti
While the Bail Reform Act and state statutes modeled after it command courts to consider the weight of the evidence in making pretrial release/detention decisions, as a practical matter, courts do not do so – at least not when the weight-of-the-evidence factor cuts in favor of release – and they should. In particular, courts should accord substantially more weight to the “weight of the evidence” factor in making or reviewing pretrial-detention determinations when one or more jury has already refused unanimously to convict the defendant of the crime(s) charged. Unless the prosecution has obtained significant, material new evidence between the …
When The Emperor Has No Clothes Ii: A Proposal For A More Serious Look At “The Weight Of The Evidence”, Carrie Leonetti
When The Emperor Has No Clothes Ii: A Proposal For A More Serious Look At “The Weight Of The Evidence”, Carrie Leonetti
Carrie Leonetti
While the Bail Reform Act and state statutes modeled after it command courts to consider the weight of the evidence in making pretrial release/detention decisions, as a practical matter, courts do not do so – at least not when the weight-of-the-evidence factor cuts in favor of release – and they should. In particular, courts should accord substantially more weight to the “weight of the evidence” factor in making or reviewing pretrial-detention determinations when one or more jury has already refused unanimously to convict the defendant of the crime(s) charged. Unless the prosecution has obtained significant, material new evidence between the …
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Counting Heads: Does The Existence Of A National Consensus Give Rise To A Substantive-Due-Process Right To A Particular Criminal Procedure?, Carrie Leonetti
Carrie Leonetti
Anomalousness in a state’s criminal procedure(s), standing alone, is sufficient (to constitute a violation of substantive due process and that the substantive process due to a criminal defendant in a state with an anomalous criminal procedure is the process that would be provided to a similarly situated defendant in a mainstream jurisdiction. This does not mean that the fact that a majority of jurisdictions fails to afford a particular beneficial procedure to a criminal defendant means that such procedure is not guaranteed by due process. Nor is the recognition of a right by a majority of jurisdictions dispositive of whether …