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Full-Text Articles in Law
The Exclusion Of Non-English-Speaking Jurors: Remedying A Century Of Denial Of The Sixth Amendment In The Federal Courts Of Puerto Rico, Jasmine Gonzales Rose
The Exclusion Of Non-English-Speaking Jurors: Remedying A Century Of Denial Of The Sixth Amendment In The Federal Courts Of Puerto Rico, Jasmine Gonzales Rose
Faculty Scholarship
This Article explores the constitutional implications of the Jury Selection and Service Act’s English language juror prerequisite, as applied in the federal courts in Puerto Rico. The language requirement results in the exclusion of approximately 90% of the age-eligible population of Puerto Rico from federal jury service and disproportionately excludes Puerto Ricans of color and the poor. The Article argues that application of the language requirement in Puerto Rico violates monolingual Spanish speakers’ fundamental Sixth Amendment right to a jury selected from a fair cross section of the community in federal criminal proceedings. It also examines the English language juror …
Where Do We Go From Padilla V. Kentucky? Thoughts On Implementation And Future Directions, Maureen A. Sweeney
Where Do We Go From Padilla V. Kentucky? Thoughts On Implementation And Future Directions, Maureen A. Sweeney
Faculty Scholarship
On March 31, 2010, the U.S. Supreme Court held in the landmark case of Padilla v. Kentucky that the Sixth Amendment right to effective assistance of counsel in criminal cases includes the right for non-U.S. citizens to be correctly and specifically advised about the likely immigration consequences of a plea agreement. The decision represents an important shift in the way courts have addressed such claims by noncitizen defendants. The Court’s decision recognizes a constitutional requirement that defense counsel provide advice in an area of law in which few defense counsel are knowledgeable, and therefore raises important and difficult questions about …
Penalty And Proportionality In Deportation For Crimes, Maureen A. Sweeney, Hillary Scholten
Penalty And Proportionality In Deportation For Crimes, Maureen A. Sweeney, Hillary Scholten
Faculty Scholarship
No abstract provided.
Brady-Based Prosecutorial Misconduct Claims, Buckley, And The Arkansas Coram Nobis Remedy, J. Thomas Sullivan
Brady-Based Prosecutorial Misconduct Claims, Buckley, And The Arkansas Coram Nobis Remedy, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.