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Series

Criminal Procedure

1995

Institution
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Articles 1 - 30 of 45

Full-Text Articles in Law

The Georgia Death Penalty Habeas Corpus Reform Act Of 1995, Donald E. Wilkes Jr. Nov 1995

The Georgia Death Penalty Habeas Corpus Reform Act Of 1995, Donald E. Wilkes Jr.

Scholarly Works

On April 10, 1995, Gov. Zell Miller signed into law Georgia's Death Penalty Habeas Corpus Reform Act of 1995. The Act is premised upon the following findings and determinations of the General Assembly: that through direct appeal, sentence review, and habeas corpus the state now provides persons sentenced to death "adequate opportunities" to assert their constitutional rights; that habeas corpus proceedings should not be used by persons sentenced to death "solely as a delaying tactic under the guise of asserting rights;" and that "strict compliance" with habeas corpus procedures "will prevent the waste of limited resources and will eliminate ...


The "Burden" Of Proof In Federal Habeas Litigation, J. Thomas Sullivan Oct 1995

The "Burden" Of Proof In Federal Habeas Litigation, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


How Juries Decide Death: The Contributions Of The Capital Jury Project, Valerie P. Hans Oct 1995

How Juries Decide Death: The Contributions Of The Capital Jury Project, Valerie P. Hans

Cornell Law Faculty Publications

In 1988 I concluded a review of what was then known about capital jury decision-making with the following observations: “[T]he penalty phase presents significant incongruities. The jurors are charged with representing the community's judgment, yet the voir dire and challenge processes have eliminated significant segments of the public from the jury. Jurors have been influenced by preceding events during voir dire questioning and the trial in pivotal ways, yet they are instructed to focus only on aggravating and mitigating evidence. They are told to ignore their emotions in perhaps one of the most emotionally charged decisions they will ...


No Magic Formula: A New Approach For Calculating The Ten Year Time Period For Admission Of Prior Conviction Evidence, Amy E. Sloan Jul 1995

No Magic Formula: A New Approach For Calculating The Ten Year Time Period For Admission Of Prior Conviction Evidence, Amy E. Sloan

All Faculty Scholarship

Federal Rule of Evidence (FRE) 609 governs admission of prior conviction evidence. Under this rule, it is easier to admit evidence of a prior conviction that is less than ten years old than to admit evidence of older convictions. The ten year period is measured from the later of either the date of conviction or the date of release from confinement.

Calculating the ten year period is fairly straightforward in most cases but becomes confusing when the witness has been confined for violating the terms of probation, parole, or some other period of conditional release. Does the confinement for violation ...


The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi Jun 1995

The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi

Cornell Law Faculty Publications

This Essay surveys three major transformations in state and federal rules of evidence since the introduction of the Federal Rules of Evidence. The Rules have not only inspired a movement toward codification in the states, they have also liberalized the admission of expert testimony and hearsay. This partially explains thirteen states' reluctance to codify. Judges have furthered this trend by admitting far more discretionary hearsay evidence than Congress intended. Professor Rossi doubts this expansion of the hearsay exceptions would have occurred without the adoption of the FRE and suggests that the newly formed Advisory Committee will produce greater substantive changes ...


The Tenth Circuit: Playing By The Rules, Keith M. Harrison Mar 1995

The Tenth Circuit: Playing By The Rules, Keith M. Harrison

Law Faculty Scholarship

[Excerpt] "In 1994, the Tenth Circuit published more than four dozen opinions construing the guidelines and joined the majority of circuits in adopting the "One- Book" rule. The Court continued to refrain from interfering with the exercise of discretion by district judges, but made clear that it does not give district courts carte blanche.

Four issues in decisions covered in this review are the retroactive application of amendments to the guidelines; the standards used in characterizing a defendant as a major or minor player for purposes of increasing or decreasing the sentence; the impact of post-arrest efforts at rehabilitation on ...


On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar Mar 1995

On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar

Articles

Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.


Incoming Drug Calls And Performative Words: They're Not Just Talking About It, Baron Parke!, Christopher B. Mueller Jan 1995

Incoming Drug Calls And Performative Words: They're Not Just Talking About It, Baron Parke!, Christopher B. Mueller

Articles

No abstract provided.


Changing Notions Of State Agency In International Law: The Case Of Paul Touvier, Claire O. Finkelstein Jan 1995

Changing Notions Of State Agency In International Law: The Case Of Paul Touvier, Claire O. Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Portioning Punishment: Constitutional Limits On Successive And Excessive Penalties, Nancy J. King Jan 1995

Portioning Punishment: Constitutional Limits On Successive And Excessive Penalties, Nancy J. King

Vanderbilt Law School Faculty Publications

There has been a remarkable increase during the last decade in the imposition of overlapping civil, administrative, and criminal sanctions for the same misconduct, as well as a steady rise in the severity of those sanctions. In response, defendants have balked, arguing that legislators and the juries, judges, prosecutors, and regulators who apply legislatively authorized sanctions have overstepped the bounds of punishment permitted by the Constitution. Claiming that their penalties violate the Double Jeopardy, Due Process, Excessive Fines, and Cruel and Unusual Punishments Clauses in the Bill of Rights, civil and criminal defendants are prompting courts to reevaluate constitutional limits ...


Lessons From Reforming Inquisitorial Systems, William T. Pizzi Jan 1995

Lessons From Reforming Inquisitorial Systems, William T. Pizzi

Articles

No abstract provided.


Duress: A Philosophical Account Of The Defense In Law, Claire Oakes Finkelstein Jan 1995

Duress: A Philosophical Account Of The Defense In Law, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


In Defense Of Three-Strikes: Analyzing The Impact Of California's 1994 Anti-Crime Measures, Republican Office Of Asdsembly Research Jan 1995

In Defense Of Three-Strikes: Analyzing The Impact Of California's 1994 Anti-Crime Measures, Republican Office Of Asdsembly Research

California Assembly

No abstract provided.


Psychiatric Defenses In Arkansas Criminal Trials, J. Thomas Sullivan Jan 1995

Psychiatric Defenses In Arkansas Criminal Trials, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven P. Grossman Jan 1995

Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven P. Grossman

All Faculty Scholarship

This Article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessive prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportionate to the crime. In analyzing all of the modern holdings of the Court in this area, this Article finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is confused, and what law can be discerned rests on weak ...


Vampires Among Us, Floralynn Einesman Jan 1995

Vampires Among Us, Floralynn Einesman

Faculty Scholarship

The integrity of an individual's person is a cherished value of our society. That we today hold that the Constitution does not forbid the States minor intrusions into an individual's body under stringently limited conditions in no way indicates that it permits more substantial intrusions, or intrusions under other conditions.


The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil Jan 1995

The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil

LLM Theses and Essays

Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police ...


Avoiding Error In Closing Argument, H. Patrick Furman Jan 1995

Avoiding Error In Closing Argument, H. Patrick Furman

Articles

No abstract provided.


The Establishment Of A Rule Against Hearsay In Romano-Canonical Procedure, Frank R. Herrmann Jan 1995

The Establishment Of A Rule Against Hearsay In Romano-Canonical Procedure, Frank R. Herrmann

Boston College Law School Faculty Papers

No abstract provided.


Intellectual Coherence In An Evidence Code, Paul F. Rothstein Jan 1995

Intellectual Coherence In An Evidence Code, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The Federal Rules of Evidence (Federal Rules or Rules) were created in large part to promote uniformity and predictability in federal trials by providing a relatively instructive guide for judges and lawyers concerning the admissibility of evidence. As with any codification, success in this respect requires, among other things, that there be a considerable degree of intellectual coherence among the code's various provisions. The Federal Rules fall short of intellectual coherence in a number of areas. They contain contradictory and inconsistent mandates that do not make theoretical sense and therefore accord the trial judge almost unlimited discretion in these ...


When Juries Meet The Press: Rethinking The Jury's Representative Function In Highly Publicized Cases, Kenneth B. Nunn Jan 1995

When Juries Meet The Press: Rethinking The Jury's Representative Function In Highly Publicized Cases, Kenneth B. Nunn

UF Law Faculty Publications

This article explores questions related to the emergence of the jury's new representative function. Section II examines traditional notions of jury representativeness by demonstrating how the jury came to be viewed as a means of providing community input into the criminal justice process. Section II also describes how a broadly representative jury can aid in fact-finding and provide legitimacy for the verdict. Finally, section II explains how a jury system, closed to public exploitation, was traditionally seen as a way to protect the jury's ability to reach independent judgments.

Section III reviews selected cases which reveal judicial recognition ...


Contemplating The Successive Prosecution Phenomenon In The Federal System, Elizabeth T. Lear Jan 1995

Contemplating The Successive Prosecution Phenomenon In The Federal System, Elizabeth T. Lear

UF Law Faculty Publications

Constitutional scholars have long debated the relative merits of a conduct-based compulsory joinder rule. The dialogue has centered on the meaning of the “same offence” language of the Double Jeopardy Clause, concentrating specifically on whether it includes the factual circumstances giving rise to criminal liability or applies only to the statutory offenses charged. However, the Supreme Court, in United States v. Dixon, abandoned as “unworkable” a limited conduct-based approach it had fashioned just three years before in Grady v. Corbin.

This Article does not assess the frequency with which federal authorities prosecute joinable offenses separately. While such information ultimately is ...


Guilt, Reasonable Doubt And The Reasonable Woman, Rory K. Little Jan 1995

Guilt, Reasonable Doubt And The Reasonable Woman, Rory K. Little

Faculty Scholarship

No abstract provided.


Myths And Principles Of Federalization, Rory K. Little Jan 1995

Myths And Principles Of Federalization, Rory K. Little

Faculty Scholarship

No abstract provided.


Introduction, Mary Kay Kane Jan 1995

Introduction, Mary Kay Kane

Faculty Scholarship

No abstract provided.


A Rape Law Pedagogy, Kate Bloch Jan 1995

A Rape Law Pedagogy, Kate Bloch

Faculty Scholarship

No abstract provided.


The Definition Of Hearsay: To Each Its Own, Roger C. Park Jan 1995

The Definition Of Hearsay: To Each Its Own, Roger C. Park

Faculty Scholarship

No abstract provided.


The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park Jan 1995

The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park

Faculty Scholarship

No abstract provided.


Probability And Proof In State V. Skipper: An Internet Exchange, Roger C. Park, Ronald J. Allen Jan 1995

Probability And Proof In State V. Skipper: An Internet Exchange, Roger C. Park, Ronald J. Allen

Faculty Scholarship

No abstract provided.


Let's Try A Small Claims Calendar For The U.S. Courts, William W. Schwarzer Jan 1995

Let's Try A Small Claims Calendar For The U.S. Courts, William W. Schwarzer

Faculty Scholarship

No abstract provided.