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Articles 1 - 9 of 9
Full-Text Articles in Legal Profession
Criminal Court System Failures During Covid-19: An Empirical Study, Cynthia Alkon
Criminal Court System Failures During Covid-19: An Empirical Study, Cynthia Alkon
Faculty Scholarship
How did the criminal legal system respond to the early months of pandemic in 2020? This article reports the results of a unique national survey of judges, defense lawyers, and prosecutors that gives a snapshot of how the criminal legal system responded to the COVID-19 in the first five chaotic months. Criminal courts in the United States rely on in-person proceedings and formal and informal in-person communications to manage caseloads. The survey results detail, in ways not previously fully understood, how crucial these in-person communications are and how ill-prepared the criminal courts and legal professionals were to deal with the …
How To Be A Better Plea Bargainer, Cynthia Alkon, Andrea Kupfer Schneider
How To Be A Better Plea Bargainer, Cynthia Alkon, Andrea Kupfer Schneider
Faculty Scholarship
Preparation matters in negotiation. While plea bargaining is a criminal lawyer’s primary activity, the value of this skill is discounted by law schools and training programs. A systemic model can be used to improve plea bargaining skills. This Article offers a prep sheet for both prosecutors and defense attorneys and explains how each element of the sheet specifically applies to the plea bargaining context. The prep sheet is designed as a learning tool so that the negotiator can learn from the sheet and then make their own. The sheet highlights important considerations such as understanding the interests and goals of …
Design Justice In Municipal Criminal Regulation, Amber Baylor
Design Justice In Municipal Criminal Regulation, Amber Baylor
Faculty Scholarship
This article explores design justice as a framework for deeper inclusion in municipal criminal court reform. Section I provides a brief summary of a typical litigant’s path through modern municipal courts. Then, section I explores the historic role of municipal courts, the insider/outsider dichotomy of municipal criminal regulation, and the limitations of past reform efforts. Section II shifts into an overview of participatory design and discusses the new emergence of design justice. Within the discussion of design justice, the article focuses on three precepts of design justice: excavating the history and impact of the courts, creating tools for participation, and …
Democratic Policing Before The Due Process Revolution, Sarah Seo
Democratic Policing Before The Due Process Revolution, Sarah Seo
Faculty Scholarship
According to prevailing interpretations of the Warren Court’s Due Process Revolution, the Supreme Court constitutionalized criminal procedure to constrain the discretion of individual officers. These narratives, however, fail to account for the Court’s decisions during that revolutionary period that enabled discretionary policing. Instead of beginning with the Warren Court, this Essay looks to the legal culture before the Due Process Revolution to provide a more coherent synthesis of the Court’s criminal procedure decisions. It reconstructs that culture by analyzing the prominent criminal law scholar Jerome Hall’s public lectures, Police and Law in a Democratic Society, which he delivered in 1952 …
Prosecutors And Professional Regulation, Bruce A. Green
Prosecutors And Professional Regulation, Bruce A. Green
Faculty Scholarship
Prosecutors often express mistrust of professional regulators, their rules and their processes. This may have been more understandable twenty years ago, when prosecutors perceived that the organized bar had been captured by defense lawyers seeking to use professional regulation as a means of imposing limits on criminal investigative authority that the law did not otherwise recognize. Although that criticism no longer has much basis in reality, it has persisted in the rhetoric prosecutors employ in advocacy regarding their professional conduct. This article explores prosecutors’ public attitude toward professional regulation, beginning with a brief account of their responses two decades ago, …
Rereading Rauscher Is It Time For The United States To Abandon The Rule Of Specialty, Mark A. Summers
Rereading Rauscher Is It Time For The United States To Abandon The Rule Of Specialty, Mark A. Summers
Faculty Scholarship
No abstract provided.
Hélène Cixous's The Perjured City: Nonprosecution Alternatives To Collective Violence, Susan Ayres
Hélène Cixous's The Perjured City: Nonprosecution Alternatives To Collective Violence, Susan Ayres
Faculty Scholarship
In instances of collective violence — apartheid in South Africa, mass killings in Rwanda, and other crimes against humanity such as slavery — what response provides justice? How can justice be achieved under such a system? Legal justice through prosecution would be unjust. This opens the possibility of nonprosecution alternatives involving forgiveness. Hélène Cixous’s play about forgiveness as an alternative to criminal prosecution, The Perjured City: Or, the Awakening of the Furies, was written in response to an actual case of failed justice in France, known as the Bad Blood Scandal. The play provides a model of forgiveness and a …
What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow
What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow
Faculty Scholarship
No abstract provided.
Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar
Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar
Faculty Scholarship
Foreword to Harvard Law Review review of Supreme Court 1969 Term