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Criminal Procedure Commons

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Full-Text Articles in Criminal Procedure

"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless Dec 2015

"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless

Rebecca Sharpless

Scholars and law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework that relies on a contrast with people—citizens and noncitizens—who have been convicted of a criminal offense and proposes an alternate approach that better aligns with the racial critique of our criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided in the United States for much longer. Many …


Civil Rights In Crisis: The Racial Impact Of The Denial Of The Sixth Amendment Right To Counsel, Richard Klein Jun 2015

Civil Rights In Crisis: The Racial Impact Of The Denial Of The Sixth Amendment Right To Counsel, Richard Klein

Richard Daniel Klein

Whereas in 2013 there had been widespread celebration of the fiftieth anniversary of the landmark Supreme Court decision in Gideon v. Wainwright, much has been written in subsequent years about the unhappy state of the quality of counsel provided to indigents. But it is not just defense counsel who fail to comply with all that we hope and expect would be done by those who are part of our criminal courts; prosecutorial misconduct, if not actually increasing, is becoming more visible. The judiciary chooses to focus on the rapid processing of cases, often ignoring the rights of those being prosecuted …


The Pressure Is On—Criminal Defense Counsel Strategies After Padilla V. Kentucky, Bill Hing Dec 2014

The Pressure Is On—Criminal Defense Counsel Strategies After Padilla V. Kentucky, Bill Hing

Bill Ong Hing

The Supreme Court’s message to criminal defense attorneys in Padilla v. Kentucky was clear: when there is a risk of deportation, defense counsel has a constitutional duty to inform an immigrant defendant of the potential for deportation or adverse immigration consequences prior to pleading guilty. In my view, this constitutional duty places tremendous pressure on defense counsel to do more than advise, because once advised, the client very naturally may want to know what options are available other than going to trial. Rather than simply focusing on how to minimize the time of incarceration for the client under a particular …


Roles Of Sexual Objectification Experiences And Internalization Of Standards Of Beauty In Eating Disorder Symptomatology: A Test And Extension Of Objectification Theory, Danielle Dirks, B. Moradi Dec 2004

Roles Of Sexual Objectification Experiences And Internalization Of Standards Of Beauty In Eating Disorder Symptomatology: A Test And Extension Of Objectification Theory, Danielle Dirks, B. Moradi

Danielle Dirks

No abstract provided.


Dining While Black: Tipping As Social Artifact, Danielle Dirks, S.K. Rice Dec 2003

Dining While Black: Tipping As Social Artifact, Danielle Dirks, S.K. Rice

Danielle Dirks

No abstract provided.