Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Immigration Law (2)
- Law and Society (2)
- Civil Rights and Discrimination (1)
- Constitutional Law (1)
- Courts (1)
-
- Criminal Law (1)
- Criminal Procedure (1)
- Environmental Law (1)
- Health Law and Policy (1)
- Human Rights Law (1)
- Inequality and Stratification (1)
- Jurisdiction (1)
- Law Enforcement and Corrections (1)
- Law and Politics (1)
- Law and Race (1)
- Legal Ethics and Professional Responsibility (1)
- Legislation (1)
- Military, War, and Peace (1)
- Oil, Gas, and Mineral Law (1)
- Public Law and Legal Theory (1)
- Race and Ethnicity (1)
- Social and Behavioral Sciences (1)
- Sociology (1)
- State and Local Government Law (1)
- Supreme Court of the United States (1)
- Transportation Law (1)
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Jurisprudence
The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants., Donna F. Coltharp
The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants., Donna F. Coltharp
St. Mary's Law Journal
Cases prosecuted under 8 U.S.C. §1324 present special challenges for the Government and for defendants. Under §1324, it is a crime to transport or smuggle aliens into the United States. Prosecuting transporters or smugglers may present a challenge if a witness is unavailable. Even though transporting or smuggling always has witnesses—the alien(s) who hired the smuggler or transporter—not all witnesses have prolonged detentions, and some are returned to their native country. The transporter or smuggler may then assert their Sixth Amendment right. The Sixth Amendment’s Confrontation Clause requires that in all criminal prosecutions, the accused shall enjoy the right to …
Trust Me, I’M A Judge: Why Binding Judicial Notice Of Jurisdictional Facts Violates The Right To Jury Trial, William M. Carter Jr.
Trust Me, I’M A Judge: Why Binding Judicial Notice Of Jurisdictional Facts Violates The Right To Jury Trial, William M. Carter Jr.
Articles
The conventional model of criminal trials holds that the prosecution is required to prove every element of the offense beyond the jury's reasonable doubt. The American criminal justice system is premised on the right of the accused to have all facts relevant to his guilt or innocence decided by a jury of his peers. The role of the judge is seen as limited to deciding issues of law and facilitating the jury's fact-finding. Despite these principles,judges are reluctant to submit to the jury elements of the offense that the judge perceives to be . routine, uncontroversial or uncontested.
One such …
The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants, Donna F. Coltharp
The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants, Donna F. Coltharp
Faculty Articles
No abstract provided.