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1993

Criminal Procedure

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Articles 1 - 30 of 89

Full-Text Articles in Law

New Directions In The Right To Refuse Mental Health Treatment: The Implications Of Riggins V. Nevada, Bruce J. Winick Nov 1993

New Directions In The Right To Refuse Mental Health Treatment: The Implications Of Riggins V. Nevada, Bruce J. Winick

William & Mary Bill of Rights Journal

No abstract provided.


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.


Introduction: Taking The Stand, Barbara A. Babcock Oct 1993

Introduction: Taking The Stand, Barbara A. Babcock

William & Mary Law Review

No abstract provided.


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

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

William & Mary Law Review

No abstract provided.


Therapeutic Jurisprudence And The Criminal Courts, David B. Wexler Oct 1993

Therapeutic Jurisprudence And The Criminal Courts, David B. Wexler

William & Mary Law Review

No abstract provided.


To Serve And Yet To Be Protected: The Unconstitutional Use Of Coerced Statements In Subsequent Criminal Proceedings Against Law Enforcement Officers, Andrew M. Herzig Oct 1993

To Serve And Yet To Be Protected: The Unconstitutional Use Of Coerced Statements In Subsequent Criminal Proceedings Against Law Enforcement Officers, Andrew M. Herzig

William & Mary Law Review

No abstract provided.


Procedural Issues Raised By Guidelines Sentencing: The Constitutional Significance Of The "Elements Of The Sentence", Sara Sun Beale Oct 1993

Procedural Issues Raised By Guidelines Sentencing: The Constitutional Significance Of The "Elements Of The Sentence", Sara Sun Beale

William & Mary Law Review

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

William & Mary Law Review

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 College Of William & Mary School Of Law Sep 1993

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

Supreme Court Preview

No abstract provided.


Beavers V. Commonwealth 245 Va. 268, 427 S.E.2d 411 (1993) Sep 1993

Beavers V. Commonwealth 245 Va. 268, 427 S.E.2d 411 (1993)

Capital Defense Journal

No abstract provided.


Pruett V. Thompson 996 F.2d 1560 (4th Cir. 1993) Sep 1993

Pruett V. Thompson 996 F.2d 1560 (4th Cir. 1993)

Capital Defense Journal

No abstract provided.


Presenting Mitigation Against The Client's Wishes: A Moral Or Professional Imperative?, Susan F. Henderson Sep 1993

Presenting Mitigation Against The Client's Wishes: A Moral Or Professional Imperative?, Susan F. Henderson

Capital Defense Journal

No abstract provided.


What Every Virginia Capital Defense Attorney Should Know About The Federal Drug Kingpin Statute, Paul M. O'Grady Sep 1993

What Every Virginia Capital Defense Attorney Should Know About The Federal Drug Kingpin Statute, Paul M. O'Grady

Capital Defense Journal

No abstract provided.


Smith V. Dixon 996 F.2d 667 (4th Cir. 1993) Sep 1993

Smith V. Dixon 996 F.2d 667 (4th Cir. 1993)

Capital Defense Journal

No abstract provided.


Murphy V. Commonwealth 246 Va. 136, 431 S.E.2d 48 (1993) Sep 1993

Murphy V. Commonwealth 246 Va. 136, 431 S.E.2d 48 (1993)

Capital Defense Journal

No abstract provided.


Chabrol V. Commonwealth 245 Va. 327, 427 S.E.2d 374 (1993) Sep 1993

Chabrol V. Commonwealth 245 Va. 327, 427 S.E.2d 374 (1993)

Capital Defense Journal

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.


Death Wish: What Washington Court Should Do When A Capital Defendant Wants To Die, Laura A. Rosenwald Jul 1993

Death Wish: What Washington Court Should Do When A Capital Defendant Wants To Die, Laura A. Rosenwald

Washington Law Review

The Washington Supreme Court held in State v. Dodd that a capital defendant may waive general review of conviction and sentence, and failed to determine whether a defendant may also withhold all mitigating evidence from the sentencing proceeding. The holding limits appellate oversight of death sentences to a degree that fails to ensure Washington's interest in reliable capital punishment. The court should have required general review of both conviction and sentencing in all capital cases. It also should have established a procedure for third-party presentation of mitigating evidence on behalf of capital defendants who insist on withholding such evidence.


Reforming The Criminal Trial, Craig M. Bradley Jul 1993

Reforming The Criminal Trial, Craig M. Bradley

Indiana Law Journal

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.


Proportionality And Punishment: Double Counting Under The Federal Sentencing Guidelines, Gary Swearingen Jul 1993

Proportionality And Punishment: Double Counting Under The Federal Sentencing Guidelines, Gary Swearingen

Washington Law Review

The Federal Sentencing Guidelines enhance sentences when the commission of a crime includes certain kinds of egregious conduct. The guidelines define such egregious conduct in a way that allows the sentencing judge to enhance the defendant's sentence twice for the same conduct—once as a "characteristic" of the specific offense for which the defendant is convicted and again under a general "adjustments" section. The federal circuit courts are divided concerning whether the guidelines permit double counting. This Comment examines the courts' differing interpretations of the governing statutes and concludes that the guidelines do not permit double counting unless explicitly ...


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 ...


Prosecuting Child Sexual Abuse: A Survey Of Evidentiary Modifications In West Virginia, Kelley L. Brown Jun 1993

Prosecuting Child Sexual Abuse: A Survey Of Evidentiary Modifications In West Virginia, Kelley L. Brown

West Virginia Law Review

No abstract provided.


Constitutional Rights Discarded As Many Pursue Grasso's Wish To Die, Randall Coyne May 1993

Constitutional Rights Discarded As Many Pursue Grasso's Wish To Die, Randall Coyne

Randall Coyne

No abstract provided.


Jenkins V. Commonwealth 244 Va. 445 423 S.E.2d 360 (1992) Mar 1993

Jenkins V. Commonwealth 244 Va. 445 423 S.E.2d 360 (1992)

Capital Defense Journal

No abstract provided.


Litigating The Death Penalty And Race Discrimination In A Post-Mccleskey World, G. Douglas Kilday Mar 1993

Litigating The Death Penalty And Race Discrimination In A Post-Mccleskey World, G. Douglas Kilday

Capital Defense Journal

No abstract provided.