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Full-Text Articles in Criminal Procedure
The Haves Of Procedure, Ion Meyn
The Haves Of Procedure, Ion Meyn
William & Mary Law Review
In litigation, “haves” and “have-nots” battle over what procedures should govern. Yet, much greater hostilities have been avoided—a war between the “haves” themselves. “Criminal haves” (prosecutors) and “civil haves” (institutional players) litigate in separate territories and under different sets of rules. This is good, for them, because they have incompatible objectives. This Article contends that protecting the “haves” from each other has profoundly influenced the development of procedure in the United States.
The “haves” reap significant benefits in being insulated from each other as they seek rules responsive to their unique preferences. A “criminal have” seeks easy access to the …
Group Agency And Legal Proof; Or, Why The Jury Is An “It”, Michael S. Pardo
Group Agency And Legal Proof; Or, Why The Jury Is An “It”, Michael S. Pardo
William & Mary Law Review
Jurors decide whether certain facts have been proven according to the applicable legal standards. What is the relationship between the jury, as a collective decision-making body, on one hand, and the views of individual jurors, on the other? Is the jury merely the sum total of the individual views of its members? Or do juries possess properties and characteristics of agency (for example, beliefs, knowledge, preferences, intentions, plans, and actions) that are in some sense distinct from those of its members? This Article explores these questions and defends a conception of the jury as a group agent with agency that …
The Current State Of The Peremptory Challenge, Coburn R. Beck
The Current State Of The Peremptory Challenge, Coburn R. Beck
William & Mary Law Review
No abstract provided.
Restricted Venue In Suits Against National Banks: A Procedural Anachronism
Restricted Venue In Suits Against National Banks: A Procedural Anachronism
William & Mary Law Review
No abstract provided.
The Motion To Strike Out The Evidence In Virginia, J. Brendel
The Motion To Strike Out The Evidence In Virginia, J. Brendel
William & Mary Law Review
No abstract provided.