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Criminal Procedure

Articles, Chapters in Books and Other Contributions to Scholarly Works

Articles 1 - 8 of 8

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Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher Jan 2018

Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

Do the Sixth Amendment rights to appointed counsel and jury trial unconstitutionally conflict with defendants' other constitutional rights? For indigents charged with felonies, Gideon v. Wainwright guarantees the right to appointed counsel; for misdemeanors, Scott v. Illinois limits the right to indigents receiving the most severe authorized punishment-imprisonment. Duncan v. Illinois limits the right to jury trial to defendants charged with serious offenses. Consequently, the greater the jeopardy faced by defendants, the greater the eligibility for appointed counsel and jury trial. But defendants' other constitutional rights generally facilitate just the oppositeminimizing jeopardy by reducing charges, lessening the likelihood of guilt ...


Retributivism And Criminal Procedure, Stephen Galoob Jan 2017

Retributivism And Criminal Procedure, Stephen Galoob

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Involuntarily Committed Patients As Prisoners, Matt Lamkin, Carl Elliott Jan 2017

Involuntarily Committed Patients As Prisoners, Matt Lamkin, Carl Elliott

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Inconsistent Rationales For Capital Punishment Plus, Russell Christopher Jan 2017

Inconsistent Rationales For Capital Punishment Plus, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Absurdity And Excessively Delayed Executions, Russell Christopher Jan 2016

Absurdity And Excessively Delayed Executions, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell Christopher Jan 2015

The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Penalizing And Chilling An Indigent's Exercise Of The Right To Appointed Counsel For Misddemeanors, Russell Christopher Jan 2014

Penalizing And Chilling An Indigent's Exercise Of The Right To Appointed Counsel For Misddemeanors, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

From the Symposium: Fifty Years of Gideon: The Past, Present, and Future of the Right to Counsel.


Death Delayed Is Retribution Denied, Russell Christopher Jan 2014

Death Delayed Is Retribution Denied, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

Does death row incarceration for upwards of thirty years or more impermissibly impose the suffering of additional punishment or permissibly bestow the benefit of death delayed and thus the enjoyment of life extended? Most commentators conceive of it as an unconstitutional additional punishment that is either cruel and unusual or disproportionally excessive. Most courts construe it as a constitutional nonpunishment that the death row prisoner opts for and benefits from. Sparking a long-running debate at the Supreme Court, Justices Stevens and Breyer view prolonged death row incarceration as unconstitutional additional punishment. Terming their view as “meritless” and “a mockery of ...