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Full-Text Articles in Law
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Life of the Law School (1993- )
No abstract provided.
Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law
Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan
Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan
St. Mary's Law Journal
Over the past six decades, United States Supreme Court decisions have dramatically reshaped the criminal justice process to provide significant protections for defendants charged in federal and state proceedings reflecting a remarkable expansion of due process and specific constitutional guarantees. For criminal defendants seeking relief based on recognition of new rules of constitutional criminal procedure, application of existing rules or precedent to novel factual scenarios, or in some cases, enforcement of existing precedent, obtaining relief requires further action on the Court’s part. In those situations, the Court’s exercise of its certiorari jurisdiction is the exclusive remedy offering an avenue for …
Applying Maimonides’ Hilkhot Teshuvah–Laws Of Repentance – In The Criminal Law System Of The State Of Israel: An Israeli Judge’S Perspectives, Moshe Drori
Touro Law Review
No abstract provided.
Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr
Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr
Thomas E. Baker
Defendant A was convicted twice previously of felonies and sentenced to prison for fraudulent use of a credit card ($80.00) and for passing a forged check ($28.36). Upon his third felony conviction for obtaining money by false pretenses ($120.75), he received a mandatory life sentence under a state recidivist statute.
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann
University of Richmond Law Review
Part I of this comment provides a brief review of Furmanandthe circumstances leading to the decision. Part II discusses thefactors indicating current arbitrariness and other recurring factors surrounding the American death penalty. Part III examines the development of the Cruel and Unusual Punishments Clause since Furman. Finally, Part IV discusses how the Supreme Court should apply its contemporary Eighth Amendment doctrine to the current circumstances surrounding the imposition of the death penalty.
Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello
Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello
Nevada Law Journal
The central thesis of this essay is that, consistent with the “art of overruling,” the Court could have limited Mapp, for example, by extending the good-faith reasonable mistake rationale that animates cases like United States v. Leon. As developed below, the facts of Herring are quite similar to the facts of other cases where the Court upheld police conduct that, although erroneous, seemed reasonable; accordingly, excluding the illegally obtained evidence had no value as a deterrent of future conduct in light of the reasonableness of the police officer's mistake. However, Herring goes much further and points towards a much greater …
Danforth, Retroactivity, And Federalism, J. Thomas Sullivan
Danforth, Retroactivity, And Federalism, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Does Stare Decisis Apply In The Eighth Amendment Death Penalty Context, Meghan J. Ryan
Does Stare Decisis Apply In The Eighth Amendment Death Penalty Context, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
Throughout the past few decades, the Supreme Court has steadily chipped away at the death penalty. It was only recently, however, that courts have confronted what role precedent plays in the Eighth Amendment death penalty context. Surprisingly, few scholars have yet explored this important and complicated issue. Precedent in this area is unique because the law of the Eighth Amendment is always changing and the Eighth Amendment has been interpreted to be applied more broadly in the death penalty context. This Article argues that precedent in the Eighth Amendment death penalty context does not apply in the typical fashion. Instead …
Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr
Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr
Faculty Publications
Defendant A was convicted twice previously of felonies and sentenced to prison for fraudulent use of a credit card ($80.00) and for passing a forged check ($28.36). Upon his third felony conviction for obtaining money by false pretenses ($120.75), he received a mandatory life sentence under a state recidivist statute.