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Articles 1 - 24 of 24
Full-Text Articles in Criminal Procedure
Innocence And Federal Habeas After Aedpa: Time For The Supreme Court To Act, Joseph L. Hoffmann
Innocence And Federal Habeas After Aedpa: Time For The Supreme Court To Act, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo Thusi
"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo Thusi
Articles by Maurer Faculty
This Comment focuses on the nuances of post-Booker cooperation departures and sentence variances. Section 5K1.1 of the Guidelines governs the provision of cooperation, or substantial assistance, departures. This provision was the primary method for defendants to receive cooperation departures prior to Booker. The section 5K1.1 provision allowed substantial assistance departures where the prosecution actually benefited from the defendant’s cooperation.
First, Part I.A of this Comment will provide an overview of the original goals of the Sentencing Commission and the section 5K1.1 substantial assistance provision. Part I.B of the Comment summarizes United States v. Booker and its impact on cooperation departures. …
Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann
Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley
The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann
Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley
The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann
Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Selecting Impartial Juries: Must Ignorance Be A Virtue In Our Search For Justice -- Welcome And Statement Of The Issue, Fred H. Cate, Newton N. Minow
Selecting Impartial Juries: Must Ignorance Be A Virtue In Our Search For Justice -- Welcome And Statement Of The Issue, Fred H. Cate, Newton N. Minow
Articles by Maurer Faculty
No abstract provided.
Who Is An Impartial Juror In An Age Of Mass Media?, Fred H. Cate, Newton N. Minow
Who Is An Impartial Juror In An Age Of Mass Media?, Fred H. Cate, Newton N. Minow
Articles by Maurer Faculty
No abstract provided.
Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann
Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
The Law And Psychology Of Jury Instructions, J. Alexander Tanford
The Law And Psychology Of Jury Instructions, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
Racism In The Adversary System: The Defendant's Use Of Peremptory Challenges, J. Alexander Tanford
Racism In The Adversary System: The Defendant's Use Of Peremptory Challenges, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann
The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Right Against Self-Incrimination -- "Public Safety" Exception, David C. Williams
Right Against Self-Incrimination -- "Public Safety" Exception, David C. Williams
Articles by Maurer Faculty
No abstract provided.
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Articles by Maurer Faculty
No abstract provided.
Griffin V. California: Still Viable After All These Years, Craig M. Bradley
Griffin V. California: Still Viable After All These Years, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Comment On Justification And Excuse, Jerome Hall
Comment On Justification And Excuse, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Use Of Public Opinion Polls In Continuance And Venue Hearings, Edward F. Sherman
The Use Of Public Opinion Polls In Continuance And Venue Hearings, Edward F. Sherman
Articles by Maurer Faculty
Courts are becoming increasingly receptive to the admission of the results of public opinion polls to show community attitudes and prejudgments as to certain criminal cases in which continuances or changes of venue are sought by the defendants. Mr. Sherman concludes that polls may provide a degree of evidentiary certainty now lacking, but he warns that polls can also be tricky unless properly conducted and interpreted.
Federal Courts - Rule 20 Of Federal Rules Of Criminal Procedure - Constitutionality, William Burnett Harvey
Federal Courts - Rule 20 Of Federal Rules Of Criminal Procedure - Constitutionality, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
The Proposed Federal Rules Of Criminal Procedure, James J. Robinson
The Proposed Federal Rules Of Criminal Procedure, James J. Robinson
Articles by Maurer Faculty
No abstract provided.
Work Of The Louisiana Supreme Court, 1937-38 Term: Criminal Law And Procedure, Jerome Hall
Work Of The Louisiana Supreme Court, 1937-38 Term: Criminal Law And Procedure, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Prosecution Appeals In West Virginia, Frank Edward Horack Jr.
Prosecution Appeals In West Virginia, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Proposed Procedural Reform, Hugh Evander Willis
Proposed Procedural Reform, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
A Plan For The Reform Of Legal Procedure, Hugh Evander Willis
A Plan For The Reform Of Legal Procedure, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.