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Full-Text Articles in Law
Justice On The Line: Prosecutorial Screening Before Arrest, Adam M. Gershowitz
Justice On The Line: Prosecutorial Screening Before Arrest, Adam M. Gershowitz
Adam M. Gershowitz
Police make more than eleven million arrests every year. Yet prosecutors dismiss about 25% of criminal charges with no conviction being entered. Needless arrests are therefore clogging the criminal justice system and harming criminal defendants. For instance, Freddie Gray was fatally injured in police custody after being arrested for possession of a switchblade knife. Prosecutors later announced, however, that they did not believe the knife was actually illegal. If prosecutors had to approve warrantless arrests before police could take suspects into custody, Freddie Gray would still be alive. Yet prosecutors’ offices almost never dictate who the police should or should …
Is Texas Tough On Crime But Soft On Criminal Procedure?, Adam M. Gershowitz
Is Texas Tough On Crime But Soft On Criminal Procedure?, Adam M. Gershowitz
Adam M. Gershowitz
Although Texas is well known for imposing tough punishments on convicted defendants, it is surprisingly generous in affording criminal procedure protections. In a variety of areas, including search and seizure rules, confession requirements, the availability of bail, prosecutorial discovery obligations, and jury trial guarantees, Texas affords protections vastly in excess of what is required by the United States Constitution. Even more shocking, these criminal procedure guarantees come almost entirely from Texas statutes approved by the legislature, not activist rules imposed by judges. This Article explores Texas's reputation as a tough-on-crime state and the seeming inconsistency between Texas being tough on …
Get In The Game Or Get Out Of The Way: Fixing The Politics Of Death, Adam M. Gershowitz
Get In The Game Or Get Out Of The Way: Fixing The Politics Of Death, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Delaware's Capital Jury Selection: Inadequate Voir Dire And The Problem Of Automatic Death Penalty Jurors, Adam M. Gershowitz
Delaware's Capital Jury Selection: Inadequate Voir Dire And The Problem Of Automatic Death Penalty Jurors, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Particularism, Telishment, And Three Strikes Laws, Michael S. Green
Particularism, Telishment, And Three Strikes Laws, Michael S. Green
Michael S. Green
No abstract provided.
Deciding When To Decide: How Appellate Procedure Distributes The Costs Of Legal Change, Aaron-Andrew P. Bruhl
Deciding When To Decide: How Appellate Procedure Distributes The Costs Of Legal Change, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
Legal change is a fact of life, and the need to deal with it has spawned a number of complicated bodies of doctrine. Some aspects of the problem of legal change have been studied extensively, such as doctrines concerning the retroactivity of new law and the question whether inferior courts can anticipatorily overrule a moribund superior court precedent. How such questions are answered affects the size and the distribution of the costs of legal change. Less appreciated is the way that heretofore almost invisible matters of appellate procedure and case handling also allocate the costs of legal transitions. In particular, …