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Full-Text Articles in Legal Profession
Prosecutorial Misconduct: Quelling The Tide Of Improper Comment To The Jury, Frank D. Celebrezze
Prosecutorial Misconduct: Quelling The Tide Of Improper Comment To The Jury, Frank D. Celebrezze
Cleveland State Law Review
The United States Supreme Court, in Darden v. Wainwright, stated that where the error is forensic in nature, appellate courts should reverse a conviction when the prosecutor's misconduct "so infected the trial with unfairness as to make the resulting conviction a denial of due process." Therefore, except in the most egregious cases, appellate courts are placed in the uncomfortable position of condemning the prosecutor's behavior while affirming the conviction, thus fostering what an appellate judge once called "a deplorably cynical attitude towards the judiciary. This article will focus on one aspect of prosecutorial misconduct which has been chronicled with alarming …
Wrongful Death Actions And Section 1983, Steven H. Steinglass
Wrongful Death Actions And Section 1983, Steven H. Steinglass
Law Faculty Articles and Essays
This article examines the use of 42 U.S.C. Section 1983 in cases in which violations of federal law by state or local officials result in a death and the rules that govern the existence of the cause of action and the available damages. State remedies for the protection of individual rights from official misconduct are often inadequate, and public protection is frequently unavailing. Thus, many plaintiffs seek alternative remedies, and in recent years the estates, personal representatives and survivors of victims of wrongful killings have increasingly turned to federal law and federal courts. Section 1983, however, is a threadbare statute, …