Law Commons^™

Petty Offenses, Serious Consequences: Multiple Petty Offenses And The Sixth Amendment Right To Jury Trial, Jeff E. Butler

Michigan Law Review

In Blanton v. City of North Las Vegas, the Supreme Court set forth the definitive standard for distinguishing petty offenses from serious crimes.7 The benchmark used by the Court is the maximum prison term assigned to each offense by the legislature. Where the penalty exceeds six months' imprisonment, the offense is serious enough to trigger the right to jury trial. Where the penalty is six months' imprisonment or less, there is a strong presumption that the offense is petty; therefore, a defendant accused of that offense has no Sixth Amendment right to jury trial.

This Note argues that a criminal …

A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya

Indiana Law Journal

No abstract provided.

The Trial As Text: Allegory, Myth And Symbol In The Adversarial Criminal Process - A Critique Of The Role Of The Public Defender And A Proposal For Reform, Kenneth B. Nunn

UF Law Faculty Publications

A position of Federal Defender General should be created to enhance the public image of public defenders. Currently the adversarial system tends to favor prosecutors, making it hard for criminal defendants to obtain a fair trial. Semiotic theory shows how the criminal justice system reflects broader social discourse concerning crime. The defendants' rights are given symbolic representation but are not considered seriously. Criminals are set apart from the rest of society and regarded as undeserving of truly fair representation. The trial can be seen as an allegory demonstrating the guilt of the defendant.

Ineffective Assistance Of Counsel

Touro Law Review

No abstract provided.

Prior Statements Of A Witness: A Nettlesome Corner Of The Hearsay Thicket, Richard D. Friedman

Articles

In Tome v United States, for the fifth time in eight years, the Supreme Court decided a case presenting the problem of how a child's allegations of sexual abuse should be presented in court. Often the child who charges that an adult abused her is unable to testify at trial, or at least unable to testify effectively under standard procedures. These cases therefore raise intriguing and difficult questions related to the rule against hearsay and to an accused's right under the Sixth Amendment to confront the witnesses against him. One would hardly guess that, however, from the rather arid debate …

Juries And Jurors: Juries On Trial: Constitutional Right Versus Judicial Burden: An Analysis Of Jury Effectiveness And Alternative Methods For Deciding Cases, Matthew Forbes

Oklahoma Law Review

No abstract provided.