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Prove All Things And Holf Fast That Which Is Good: The Missouri Supreme Court Redraws The Line Between Plain Error And Ineffective Assistance Of Counsel - Deck V. State, Thomas L. Azar Jr.
Prove All Things And Holf Fast That Which Is Good: The Missouri Supreme Court Redraws The Line Between Plain Error And Ineffective Assistance Of Counsel - Deck V. State, Thomas L. Azar Jr.
Missouri Law Review
Few challenges to a judicial determination are as disruptive as a criminal defendant’s allegation of ineffective assistance of counsel. Discovering the truth behind such an allegation is extremely difficult, owing both to the distorting effect of hindsight and the near impossibility of discovering the full extent of any damage caused by defense counsel’s alleged errors. This Note examines the genesis of the confusion concerning the current standard for granting post-conviction relief due to ineffective assistance of counsel and the Missouri Supreme Court’s most recent effort to clarify that standard in Deck v. State.
Federal Jurisdiction Over Juveniles: Who Decides , Alicia K. Embley
Federal Jurisdiction Over Juveniles: Who Decides , Alicia K. Embley
Missouri Law Review
Because of the increase in the number and severity of violent crimes committed by juveniles, public demand for harsher penalties and proceedings for young offenders also increases each year.2 Congress has responded to the public outcry by enacting numerous pieces of legislation that mandate federal juvenile accountability. This legislation represents a drastic departure from the federal government's traditional policy of leaving juvenile justice affairs to the states. One of the many congressional acts in the past decades confers federal jurisdiction upon prosecution of juveniles who commit serious violent or drug related crimes if the United States Attorney certifies that the …
Missouri Law Regarding Punitive Damages And The Doctrine Of Remittitur, Edward S. Stevens
Missouri Law Regarding Punitive Damages And The Doctrine Of Remittitur, Edward S. Stevens
Missouri Law Review
The imposition of punitive damages can devastate defendants, be they individuals or large corporations. Fortunately for these defendants, the jury does not have the final word on the amount of damages. This Note addresses the circumstances under which punitive damages are available in Missouri and when the doctrine of remittitur will be used so that damage awards comport with Missouri's prohibition against excessive awards and the Due Process Clause of the Fourteenth Amendment.
Preliminary Hearing--Better Alternatives Or More Of The Same, The, Gary L. Anderson
Preliminary Hearing--Better Alternatives Or More Of The Same, The, Gary L. Anderson
Missouri Law Review
The first part of this article analyzes the preliminary hearing as a working institution. The second part sets out and evaluates current proposals and prospects for improving the hearing through reform. In the third part a set of alternative procedures is proposed which might function better than a judicial hearing with multiple functions, and comparisons are made with present and proposed hearing procedures. Throughout the article it will be assumed that any proposal for reform should fairly and effectively protect the interests of the accused while respecting the needs of law enforcement. In addition, any proposal for reform should take …