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Criminal Procedure Commons

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Articles 31 - 47 of 47

Full-Text Articles in Criminal Procedure

Time And The Courts: What Deadlines And Their Treatment Tell Us About The Litigation System, Catherine T. Struve Jan 2010

Time And The Courts: What Deadlines And Their Treatment Tell Us About The Litigation System, Catherine T. Struve

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No abstract provided.


Sovereign Litigants: Native American Nations In Court, Catherine T. Struve Jan 2010

Sovereign Litigants: Native American Nations In Court, Catherine T. Struve

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No abstract provided.


The Stockley Verdict: An Explainer, Chad Flanders Sep 2009

The Stockley Verdict: An Explainer, Chad Flanders

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The purpose o f this document is to help explain some o f the existing Missouri law that Judge Wilson used in his opinion. It does not take a side on the opinion itself. At the end o f the day, the decision Judge Wilson made was based on his call on various disputed factual questions. The law was not, for the most part, at issue. I attempt only to describe the legal framework within with Judge Wilson decided the case; not to support or to criticize his verdict. Each person will ultimately have to make his or her own …


A Retroactivity Retrospective, With Thoughts For The Future: What The Supreme Court Learned From Paul Mishkin, And What It Might, Kermit Roosevelt Iii Jan 2007

A Retroactivity Retrospective, With Thoughts For The Future: What The Supreme Court Learned From Paul Mishkin, And What It Might, Kermit Roosevelt Iii

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No abstract provided.


An Honest Approach To Plea Bargaining, Steven P. Grossman Jul 2005

An Honest Approach To Plea Bargaining, Steven P. Grossman

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In this Article, the author argues that differential sentencing of criminal defendants who plead guilty and those who go to trial is, primarily, a punishment for the defendant exercising the right to trial. The proposed solution requires an analysis of the differential sentencing motivation in light of the benefit to society and the drawbacks inherent in the plea bargaining system.


Sentencing Decisions: Matching The Decisionmaker To The Decision Nature, Paul H. Robinson, Barbara A. Spellman Jan 2005

Sentencing Decisions: Matching The Decisionmaker To The Decision Nature, Paul H. Robinson, Barbara A. Spellman

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The present sentencing debate focuses on which decisionmaker is best suited to make the sentencing decision. Competing positions in this debate typically view the sentencing decision as monolithic, preferring one decisionmaker over all the others. A monolithic view of the decision unnecessarily invites poor decisionmaking. The sentencing decision is properly viewed as a series of distinct decisions, each of which can best be performed by a decisionmaker with certain qualities. This Essay demonstrates how a system of optimal decisionmaking might be constructed -by sorting out the different attributes called for by the distinct aspects of the sentencing decision and matching …


The Psychology Of Hindsight And After-The-Fact Review Of Ineffective Assistance Of Counsel, Stephanos Bibas Jan 2004

The Psychology Of Hindsight And After-The-Fact Review Of Ineffective Assistance Of Counsel, Stephanos Bibas

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No abstract provided.


The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas Jan 2004

The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas

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No abstract provided.


Direct And Collateral Federal Court Review Of The Adequacy Of State Procedural Rules, Catherine T. Struve Jan 2003

Direct And Collateral Federal Court Review Of The Adequacy Of State Procedural Rules, Catherine T. Struve

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No abstract provided.


Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder Feb 2002

Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder

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No abstract provided.


Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas Jan 2001

Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas

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No abstract provided.


Book Review Of Gregory M. Matoesian, Reproducing Rape, Dorothy E. Roberts Jan 1994

Book Review Of Gregory M. Matoesian, Reproducing Rape, Dorothy E. Roberts

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No abstract provided.


The Right To Counsel Under Attack, David Rudovsky Jan 1988

The Right To Counsel Under Attack, David Rudovsky

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No abstract provided.


Judge Friendly's Contributions To Securities Law And Criminal Procedure: "Moderation Is All", Frank Goodman Jan 1984

Judge Friendly's Contributions To Securities Law And Criminal Procedure: "Moderation Is All", Frank Goodman

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No abstract provided.


A Proposal For Limiting The Duty Of The Trial Judge To Instruct The Jury Sua Sponte, Paul H. Robinson Jan 1974

A Proposal For Limiting The Duty Of The Trial Judge To Instruct The Jury Sua Sponte, Paul H. Robinson

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This Article will present what appears to be a workable system which allows fulfillment of both of the jury instruction functions-jury guidance and legal-theory-resolution-and which will simultaneously reduce the number of reversals due to judicial error in instructing the jury (the latter result may be anticipated in any system which is able to produce the former result). This Article proposes the abolition of the sua sponte duty of the trial judge except for certain basic instructions to be specified by statute or by rule of court. The proposal would retain for each advocate the opportunity to propose instructions reflecting his …


Proposal And Analysis Of A Unitary System For Review Of Criminal Judgments, Paul H. Robinson Jan 1974

Proposal And Analysis Of A Unitary System For Review Of Criminal Judgments, Paul H. Robinson

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Debate continues over expanded use of habeus corpus for collateral attack of criminal judgments. Some commentators argue that the current system of seemingly endless post-conviction review fails to provide the finality and integrity required of any truly fair and effective system of criminal justice. Others claim that such an expansive post-conviction remedy system is justified when a man's liberty is at stake. It is a central thesis of this article that not only does the present system of post-conviction remedies fall short of achieving adequate fairness and comprehensiveness, but also that the attempt to achieve these values has produced a …


Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard Dec 1961

Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard

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No abstract provided.