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Criminal Procedure

2008

American University Washington College of Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Tactical Ineffective Assistance In Capital Trials, Kyle Graham Jan 2008

Tactical Ineffective Assistance In Capital Trials, Kyle Graham

American University Law Review

Are defense attorneys sandbagging in their death-penalty cases? In Poindexter v. Mitchell, a habeas corpus case decided in 2006, Chief Judge Danny Boggs of the United States Court of Appeals for the Sixth Circuit wrote that by conducting a deliberately defective investigation into mitigation evidence that might otherwise have been presented at the penalty phase of a capital trial, a defense attorney can virtually guarantee that any death sentence the jury returns will be vacated in later proceedings. The likelihood of such an outcome, Boggs wrote, will more than make up for the somewhat greater chance that a jury that …


The Mythical Divide Between Collateral And Direct Consequences Of Criminal Convictions: Involuntary Commitment Of "Sexually Violent Predators", Jenny M. Roberts Jan 2008

The Mythical Divide Between Collateral And Direct Consequences Of Criminal Convictions: Involuntary Commitment Of "Sexually Violent Predators", Jenny M. Roberts

Articles in Law Reviews & Other Academic Journals

Thomas Steele pleaded guilty to rape and other charges in exchange for a sentence of twelve to thirty years in a Massa- chusetts state prison.' Shortly before he became eligible for pa- role on this criminal conviction, the state classified Steele as a "sexually dangerous person." Although Steele has completed his prison sentence, the state continues to confine him under a Massachusetts law that allows for the involuntary civil com- mitment of "sexually dangerous persons." The order commit- ting him stated that he could be held for a period ranging from one day to life.