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Criminal Procedure Commons

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Full-Text Articles in Criminal Procedure

The Writ Of Habeas Corpus, Donald E. Wilkes Jr. Jan 2002

The Writ Of Habeas Corpus, Donald E. Wilkes Jr.

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A fundamental legal safeguard of freedom and the most important English common law writ, the writ of habeas corpus is a court order commanding that an imprisoned person be personally produced in court and that an explanation be provided as to why that person is detained. The writ of habeas corpus provides a judicial remedy for enforcing a fundamental individual right, the right to personal liberty, which may be defined as the right to be free of physical restraint that is not justified by law. Whenever imprisonment violates a constitutional or fundamental right, there is an infringement of the right …


Empirical Studies Contribute To Death Penalty Debate, Joan W. Howarth Jan 2002

Empirical Studies Contribute To Death Penalty Debate, Joan W. Howarth

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At a time of renewed scrutiny of capital punishment, Nevada lawyers may be interested in some of the recent legal scholarship on the death penalty based on social science data, rather than on legal philosophy or constitutional theory. Three projects are of particular interest: Professor James Liebman's work on errors in death penalty cases; the National Jury Project's data about how jurors decide capital cases; and David Baldus' recent study of peremptory challenges in capital cases.