Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Advocacy (1)
- African-Americans (1)
- Antiterrorism Act (1)
- Austin (1)
- Bennis (1)
-
- Calero-Toledo (1)
- Certiorari (1)
- Chief Justice Rehnquist (1)
- Civil forfeiture (1)
- Constitutional (1)
- Convincing evidence (1)
- De novo (1)
- Defense (1)
- Double Jeopardy Clause (1)
- Eighth Amendment (1)
- Equal protection (1)
- Excessive Fines Clause (1)
- Fair trial (1)
- Felker (1)
- Fifth Amendment (1)
- Fourteenth Amendment (1)
- Fourth Amendment (1)
- Habeas corpus (1)
- Halper (1)
- Holmes (Oliver Wendell) (1)
- Hon. Leon Lazer (1)
- Ignorance (1)
- Incompetent (1)
- Innocent owner defense (1)
- Judges (1)
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Judges
Ignorance Of Law Is An Excuse - But Only For The Virtuous, Dan M. Kahan
Ignorance Of Law Is An Excuse - But Only For The Virtuous, Dan M. Kahan
Michigan Law Review
It's axiomatic that "ignorance of the law is no excuse." My aim in this essay is to examine what the "mistake of law doctrine" reveals about the relationship between criminal law and morality in general and about the law's understanding of moral responsibility in particular. The conventional understanding of the mistake of law doctrine rests on two premises, which are encapsulated in the Holmesian epigrams with which I've started this essay. The first is liberal positivism. As a descriptive claim, liberal positivism holds that the content of the law can be identified without reference to morality: one needn't be a …
Judicial Interference With Effective Advocacy By The Defense, Bennett L. Gershman
Judicial Interference With Effective Advocacy By The Defense, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
A fundamental premise of the American criminal justice system is defense counsel's zealous professional advocacy. Representation of a criminal defendant to be effective must be vigorous. In administering a trial, judges have a duty to ensure a fair and orderly proceeding. On occasion, however, judges overstep the line and impede defense counsel's advocacy functions unfairly. This article describes some of the ways that trial judges may violate legal and ethical standards by improperly interfering with defense counsel's courtroom functions.
It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein
It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
The Federal Sentencing Guidelines Ten Years Later: An Introduction And Comments, Paul H. Robinson
The Federal Sentencing Guidelines Ten Years Later: An Introduction And Comments, Paul H. Robinson
All Faculty Scholarship
No abstract provided.