Law Commons^™

When The Emperor Has No Clothes: A Proposal For Defensive Summary Judgment In Criminal Cases, Carrie Leonetti

Carrie Leonetti

This Article addresses the problem that arises when the prosecution has pleaded criminal charges correctly on the basis of probable cause, but either its theory of the defendant’s guilt is based on a misunderstanding of the governing law or it lacks legally sufficient evidence to sustain the charges. It argues that, in this situation, trial courts should have the authority to grant summary judgment to the defense.

The Article discusses the rationales that underlay the creation of summary judgment in civil cases, surveys the existing mechanisms for summary disposition of criminal charges (pretrial motions to dismiss, preliminary hearings, and grand-jury …

The Art Of Discretion: Umpires As Judges, Carrie Leonetti

Carrie Leonetti

This Essay posits that those who object to the oft-employed judges-as-umpires analogy (not to mention many of those who employ it) do not really understand what umpires do because calling balls and strikes is highly complicated, nuanced, and discretionary, involving determinations of the intents of the pitcher and batter and the reasonableness of the batter’s actions at the plate. It argues that the core of the judges-as-umpires analogy – the idea that the parameters of the strike zone are fixed and not a matter of personal judgment – is faulty because, while the definition of the strike zone is fixed …

When The Emperor Has No Clothes: A Proposal For Defensive Summary Judgment In Criminal Cases, Carrie Leonetti

Carrie Leonetti

This Article addresses the problem that arises when the prosecution has pleaded criminal charges correctly on the basis of probable cause, but either its theory of the defendant’s guilt is based on a misunderstanding of the governing law or it lacks legally sufficient evidence to sustain the charges. It argues that, in this situation, trial courts should have the authority to grant summary judgment to the defense.

The Article discusses the rationales that underlay the creation of summary judgment in civil cases, surveys the existing mechanisms for summary disposition of criminal charges (pretrial motions to dismiss, preliminary hearings, and grand-jury …

When The Emperor Has No Clothes: A Proposal For Defensive Summary Judgment In Criminal Cases, Carrie Leonetti

Carrie Leonetti

This Article addresses the problem that arises when the prosecution has pleaded criminal charges correctly on the basis of probable cause, but either its theory of the defendant’s guilt is based on a misunderstanding of the governing law or it lacks legally sufficient evidence to sustain the charges. It argues that, in this situation, trial courts should have the authority to grant summary judgment to the defense.

The Article discusses the rationales that underlay the creation of summary judgment in civil cases, surveys the existing mechanisms for summary disposition of criminal charges (pretrial motions to dismiss, preliminary hearings, and grand-jury …

When The Emperor Has No Clothes: A Proposal For Defensive Summary Judgment In Criminal Cases, Carrie Leonetti

Carrie Leonetti

This Article addresses the problem that arises when the prosecution has pleaded criminal charges correctly on the basis of probable cause, but either its theory of the defendant’s guilt is based on a misunderstanding of the governing law or it lacks legally sufficient evidence to sustain the charges. It argues that, in this situation, trial courts should have the authority to grant summary judgment to the defense.

The Article discusses the rationales that underlay the creation of summary judgment in civil cases, surveys the existing mechanisms for summary disposition of criminal charges (pretrial motions to dismiss, preliminary hearings, and grand-jury …

When The Emperor Has No Clothes: A Proposal For Defensive Summary Judgment In Criminal Cases, Carrie Leonetti

Carrie Leonetti

This Article addresses the problem that arises when the prosecution has pleaded criminal charges correctly on the basis of probable cause, but either its theory of the defendant’s guilt is based on a misunderstanding of the governing law or it lacks legally sufficient evidence to sustain the charges. It argues that, in this situation, trial courts should have the authority to grant summary judgment to the defense.

The Article discusses the rationales that underlay the creation of summary judgment in civil cases, surveys the existing mechanisms for summary disposition of criminal charges (pretrial motions to dismiss, preliminary hearings, and grand-jury …