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Full-Text Articles in Law
Raise The Proof: A Default Rule For Indigent Defense, Adam M. Gershowitz
Raise The Proof: A Default Rule For Indigent Defense, Adam M. Gershowitz
Faculty Publications
Almost everyone agrees that indigent defense in America is underfunded, but workable solutions have been hard to come by. For the most part, courts have been unwilling to inject themselves into legislative budget decisions. And, when courts have become involved and issued favorable decisions, the benefits have been only temporary because once the pressure of litigation disappears so does a legislature's desire to appropriate more funding. This Article proposes that if an indigent defense system is under-funded, the state supreme court should impose a default rule raising the standard of proof to "beyond all doubt" to convict indigent defendants. The …
Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz
Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz
Faculty Publications
No abstract provided.
Imposing A Cap On Capital Punishment, Adam M. Gershowitz
Imposing A Cap On Capital Punishment, Adam M. Gershowitz
Faculty Publications
No abstract provided.