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Series

1993

Criminal Procedure

Institution
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Articles 1 - 30 of 35

Full-Text Articles in Law

Deadly Confusion: Juror Instructions In Capital Cases, Theodore Eisenberg, Martin T. Wells Nov 1993

Deadly Confusion: Juror Instructions In Capital Cases, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

A fatal mistake. A defendant is sentenced to die because the jury was misinformed about the law. The justice system should be designed to prevent such a tragic error. Yet our interviews with jurors who served in South Carolina capital cases indicate that this nightmare is a reality.

Although our data are limited to South Carolina, the question whether jurors are adequately instructed in capital cases is of national concern. For example, the issue whether jurors should be more fully informed about the alternative to a death sentence has arisen in other states. And the question whether jurors understand the ...


Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay Nov 1993

Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay

Research Collection School Of Law

A unique characteristic of prosecutorial discretion in Japan is the formal practice of suspension. From the later part of last century, public prosecutors were presented with the discretionary option of waiving or suspending prosecution dependent on certain conditions.


Precedents In A Vacuum: The Supreme Court Continues To Tinker With Double Jeopardy, Peter J. Henning Oct 1993

Precedents In A Vacuum: The Supreme Court Continues To Tinker With Double Jeopardy, Peter J. Henning

Law Faculty Research Publications

No abstract provided.


Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey Oct 1993

Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey

Cornell Law Faculty Publications

The law of habeas corpus has changed again. This time it was the law of harmless error. Before Brecht v. Abrahamson, the courts applied the same harmless error rule on direct appeal and in federal habeas corpus. Under that rule, embraced for constitutional errors in Chapman v. California, a conviction tainted by a constitutional error susceptible to harmless error analysis could be upheld only if the state demonstrated that the error was harmless beyond a reasonable doubt. After Brecht, the venerable Chapman rule still applies to constitutional errors identified and reviewed on direct appeal, but an ostensibly "less onerous" standard ...


The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson Oct 1993

The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Section 8: Criminal Law And Procedure, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 1993

Section 8: Criminal Law And Procedure, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


A Practical Guide To Recent Developments In Federal Habeas Corpus For Practicing Attorneys, J. Thomas Sullivan Jul 1993

A Practical Guide To Recent Developments In Federal Habeas Corpus For Practicing Attorneys, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Police Authority, Respect And Shaming, Mark Findlay Jul 1993

Police Authority, Respect And Shaming, Mark Findlay

Research Collection School Of Law

This paper explores structures of police authority which seek legitimacy though consensus and respect within the ideology of community policing. Respect may be presented as one of the principal, voluntary bonding relationships within any community, and is proposed as a key to analysing the prevention and control potential of policing strategies. Shaming comes into the picture as an indicator of the impact of police authority within different community/cultural settings. While reintegration makes sense in terms of community symbolism, the significance of policing as part of the reintegrative process depends on its status and interaction with community interests.


Is Conviction Irrelevant?, Elizabeth T. Lear Jun 1993

Is Conviction Irrelevant?, Elizabeth T. Lear

UF Law Faculty Publications

Since 1986, the country has been witness to a revolution in federal sentencing practice: indeterminate sentencing, dominated by discretion and focused on the rehabilitative prospects of the offender, has been replaced by guidelines infused with offense-based considerations. As sweeping as the change in sentencing procedure has been, the system retains troubling aspects of the former regime. The most controversial among these is the Guidelines' reliance on unadjudicated conduct to determine proper punishment levels.

This approach is a variation on “real offense” sentencing, which severs the punishment inquiry from the offense of conviction, focusing instead on an offender's "actual" conduct ...


Defending The Poor, Bennett L. Gershman Mar 1993

Defending The Poor, Bennett L. Gershman

Pace Law Faculty Publications

Given the harsh reality that the quality of justice that people get in this country often depends on how much money they have , is our society's aspiration toward "equal justice" attainable? Probably not. A criminal defendant's poverty is not necessarily inconsistent with zealous advocacy. But whether lawyers for the poor adequately protect their clients' rights in criminal cases is the subject of ongoing debate.


Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth Jan 1993

Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth

Book Chapters

Most research that has attempted to predict verdict preferences on the basis of stable juror characteristics, such as attitudes and personality traits, has found that individual differences among jurors are not very useful predictors, accounting for only a small proportion of the variance in verdict choices. Some commentators have therefore concluded that verdicts are overwhelmingly accounted for by "the weight of the evidence," and that differences among jurors have negligible effects. But there is a paradox here: In most cases the weight of the evidence is insufficient to produce firstballot unanimity in the jury (Hans & Vidmar, 1986; Hastie, Penrod, & Pennington, 1983; Kalven & Zeisel, 1966 ...


Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager Jan 1993

Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager

Faculty Scholarship

This Article is about the misunderstood relationship between the Fourth Amendment and the positive law. It shows how state property law and other expressions of the positive law are more resilient and useful to Fourth Amendment analysis than the Court's decisions of the past three decades recognize.


The Right Of The People To Be Secure, Ronald J. Bacigal Jan 1993

The Right Of The People To Be Secure, Ronald J. Bacigal

Law Faculty Publications

Part I of this Article defines searches and seizures of property and person, discussing the Supreme Court's initially broad interpretation of the Fourth Amendment and its subsequent narrowing in later decisions. Part II discusses several police "chase cases" leading up to the elimination of accidental and attempted seizures from Fourth Amendment protection in Brower v. County of Inyo and California v. Hodari D. Part Ill analyzes the Brower decision and its effect on accidental seizures, concluding that the analysis set forth therein should be abolished and advocating an alternate test. Part IV confronts the Court's elimination of attempted ...


Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman Jan 1993

Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman

Articles

No abstract provided.


There Must Be Fifty Ways To Lose Your (Driver's) License, H. Patrick Furman Jan 1993

There Must Be Fifty Ways To Lose Your (Driver's) License, H. Patrick Furman

Articles

No abstract provided.


Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi Jan 1993

Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi

Articles

No abstract provided.


Criminal Justice Reforms In The United States, Paul Marcus Jan 1993

Criminal Justice Reforms In The United States, Paul Marcus

Faculty Publications

No abstract provided.


Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel Jan 1993

Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Reviewing Departures: The First Circuit's New Rivera Rule, Aaron J. Rappaport Jan 1993

Reviewing Departures: The First Circuit's New Rivera Rule, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz Jan 1993

Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz

Articles by Maurer Faculty

No abstract provided.


Guideline Developments In The First Circuit: The Two Faces Of Appellate Review, Aaron J. Rappaport Jan 1993

Guideline Developments In The First Circuit: The Two Faces Of Appellate Review, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


Harmless Error In The Penalty Phase Of A Capital Case: A Doctrine Misunderstood And Misapplied, Linda Carter Jan 1993

Harmless Error In The Penalty Phase Of A Capital Case: A Doctrine Misunderstood And Misapplied, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.


Testing The Limits Of Investigating And Prosecuting White Collar Crime: How Far Will The Courts Allow Prosecutors To Go?, Peter J. Henning Jan 1993

Testing The Limits Of Investigating And Prosecuting White Collar Crime: How Far Will The Courts Allow Prosecutors To Go?, Peter J. Henning

Law Faculty Research Publications

No abstract provided.


Peremptory Challenges: Free Strikes No More, H. Patrick Furman Jan 1993

Peremptory Challenges: Free Strikes No More, H. Patrick Furman

Articles

No abstract provided.


Racial Imagery In Criminal Cases, Sheri Lynn Johnson Jan 1993

Racial Imagery In Criminal Cases, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Some Worries About Sentencing Guidelines, William T. Pizzi Jan 1993

Some Worries About Sentencing Guidelines, William T. Pizzi

Articles

No abstract provided.


Uncharged Misconduct Evidence In Sex Crime Cases: Reassessing The Rule Of Exclusion, Roger C. Park, David P. Bryden Jan 1993

Uncharged Misconduct Evidence In Sex Crime Cases: Reassessing The Rule Of Exclusion, Roger C. Park, David P. Bryden

Faculty Scholarship

No abstract provided.


The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley Jan 1993

The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Themes Of Injustice: Wrongful Convictions, Racial Prejudice, And Lawyer Incompetence, Bennett L. Gershman Jan 1993

Themes Of Injustice: Wrongful Convictions, Racial Prejudice, And Lawyer Incompetence, Bennett L. Gershman

Pace Law Faculty Publications

The U. S. criminal justice system has undergone radical changes in the past generation. Crime is more complex; prosecutors are more powerful; and courts, corrections agencies, and defense services are burdened with larger case loads and tighter budgets. It is not the best of times to talk about justice. Yet, it is a subject that needs to be constantly addressed, particularly in times of crisis. The following essay focuses on some of the problems that present themselves in the criminal justice system today, including the conviction of innocent defendants, especially in capital cases; racial prejudice; and lawyer incompetence.


Telling The Victim's Story, Mary I. Coombs Jan 1993

Telling The Victim's Story, Mary I. Coombs

Articles

No abstract provided.