A Tale Of Three Prejudices: Restructuring The "Martinez Gateway",
2015
University of Washington School of Law
A Tale Of Three Prejudices: Restructuring The "Martinez Gateway", Michael Ellis
Washington Law Review
Martinez v. Ryan opened a door previously closed to federal habeas petitioners. In the past, where attorney negligence or a pro se defendant’s lack of legal knowledge caused ineffective-assistance-of-trial-counsel claims to be procedurally defaulted, those claims were likely lost forever. Now, following Martinez, petitioners get a second chance should they satisfy the Supreme Court’s four-pronged test. The Martinez test, however, is not a simple one. This Comment addresses some problems concerning the four-pronged test, including multiple and conflicting standards for the same element, tensions between Martinez and the underlying Strickland v. Washington ineffective-assistance-of-counsel standard, and confusion where the same …
The
Admissibility Of Trueallele: A
Computerized Dna Interpretation
System,
2015
Washington and Lee University School of Law
The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss
Washington and Lee Law Review
No abstract provided.
In Case Of Confession,
2015
Valparaiso University
Find The Cost Of Freedom: The State Of Wrongful Conviction Compensation Statutes Across The Country And The Strange Legal Odyssey Of Timothy Atkins,
2015
California Western School of Law
Find The Cost Of Freedom: The State Of Wrongful Conviction Compensation Statutes Across The Country And The Strange Legal Odyssey Of Timothy Atkins, Justin Brooks, Alexander Simpson
Justin P Brooks
Tim Atkins was wrongfully convicted of a crime he did not commit and spent 23 years in prison. Although compensation statutes like California's have admirable goals, Tim Atkins's case fell through some substantial cracks that prompted the Authors to write this Article. As two of the many lawyers who have worked on Tim's case over the years, it has been an incredibly frustrating journey to see him denied compensation after all that has been done to prove his innocence. California's statute is flawed and is being misinterpreted, just as other compensation statutes are flawed and misinterpreted around the country. This …
Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses,
2015
Valparaiso University
Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon
Andrea D. Lyon
No abstract provided.
The Preliminary Hearing: A Necessary Part Of Due Process,
2015
Valparaiso University
The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon
Andrea D. Lyon
No abstract provided.
Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences,
2015
Cornell Law School
Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences, Frank O. Bowman Iii, Michael Heise
Michael Heise
This is the first of two articles, the second of which will appear in January 2002 edition of the Iowa Law Review, in which we seek an explanation for the little-noticed and hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations has been declining steadily since 1991-92. According to figures maintained by the Administrative Office of the United States Courts, in the eight years between 1991 and 1999, the average federal drug sentence decreased from 95.7 months to 75.2 months, a drop of 22%, or nearly two years, per defendant. United States …
Mercy By The Numbers: An Empirical Analysis Of Clemency And Its Structure,
2015
Cornell Law School
Mercy By The Numbers: An Empirical Analysis Of Clemency And Its Structure, Michael Heise
Michael Heise
Clemency is an extrajudicial measure intended both to enhance fairness in the administration of justice, and allow for the correction of mistakes. Perhaps nowhere are these goals more important than in the death penalty context. The recent increased use of the death penalty and concurrent decline in the number of defendants removed from death row through clemency call for a better and deeper understanding of clemency authority and its application. Questions about whether clemency decisions are consistently and fairly distributed are particularly apt. This study uses 27 years of death penalty and clemency data to explore the influence of defendant …
Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level,
2015
Cornell Law School
Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level, Frank O. Bowman, Michael Heise
Michael Heise
This is the second of two articles in which we seek an explanation for the hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations declined by more than 15% between 1991-92 and 2000. Our first article, Quiet Rebellion? Explaining Nearly a Decade of Declining Federal Drug Sentences, 86 Iowa Law Review 1043 (May 2001) ( "Rebellion I" ), examined national sentencing data in an effort to determine whether the decline in federal drug sentences is real (rather than a statistical anomaly), and to identify and analyze possible causes of the decline. We …
Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences With Michael Heise,
2015
University of Missouri School of Law
Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences With Michael Heise, Frank O. Bowman Iii, Michael Heise
Michael Heise
The Article begins with an examination of three primarily empirical questions. First, is the trend real? In other words, is the apparent decrease in federal drug sentences merely a species of statistical hiccup, a random fluctuation that could move easily and rapidly in the other direction? Or is the decline in average drug sentences large enough, and the trend prolonged enough, that we can safely conclude that something meaningful is occurring?
Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level With Michael Heise,
2015
University of Missouri School of Law
Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level With Michael Heise, Frank O. Bowman Iii, Michael Heise
Michael Heise
This is the second of two articles in which we seek an explanation for the hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations declined by more than 15% between 1991-92 and 2000.
Trending@Rwu Law: Professor Emily Sack's Post: More Death Penalty Puzzles Highlighted By New Supreme Court Case,
2015
Roger Williams University School of Law
Trending@Rwu Law: Professor Emily Sack's Post: More Death Penalty Puzzles Highlighted By New Supreme Court Case, Emily Sack
Law School Blogs
No abstract provided.
Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?,
2015
West Virginia University
Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer
Arthur L. Rizer III
The recent protests, police overreaction, and subsequent riots in Ferguson, Missouri, demonstrated to Americans and to the world the true extent of the militarization of police in communities across the United States. Deployed throughout Ferguson, in preemption and then in response to protesters’ actions, were ranks of heavily armed, flak-jacketed, camouflage uniformed police standing atop and around armored personnel carriers with machine guns mounted. Such a response evidences that the line between police and soldiers in communities is blurring, if not blurred. This militarization is, in part, a result of a principle Americans have held dear since our founding, that …
The Presumption Of Guilt: Systemic Factors That Contribute To Ineffective Assistance Of Counsel In California,
2015
California Western School of Law
The Presumption Of Guilt: Systemic Factors That Contribute To Ineffective Assistance Of Counsel In California, Laurence A. Benner
Laurence A. Benner
Our adversary system of criminal justice is premised upon the belief that effective advocacy by counsel for both the prosecution and the defense, conducted within a process founded upon principles of fundamental fairness, will "best promote the ultimate objective that the guilty be convicted and the innocent go free." The exoneration of the wrongfully convicted by the California Innocence Project and other innocence projects across the county has revealed, however, that our criminal justice system is sometimes deeply flawed. In theory, every person accused of a serious crime comes to court protected by a presumption of innocence and the promise …
The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection,
2015
Northwestern Pritzker School of Law
The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman
NULR Online
No abstract provided.
Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson,
2015
Northwestern Pritzker School of Law
Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer
NULR Online
No abstract provided.
Race Matters In Jury Selection,
2015
Northwestern Pritzker School of Law
0n Executing Treatment-Resistant Schizophrenics: Identity And The Construction Of “Synthetic” Competency,
2015
Law Professor
0n Executing Treatment-Resistant Schizophrenics: Identity And The Construction Of “Synthetic” Competency, Theodore Y. Blumoff
Theodore Y. Blumoff
Since 2003, death penalty jurisdictions have been permitted to use psychotropic drugs to “restore” the competency of schizophrenics so they can execute them. Exactly why it is permissible to execute a “synthetically” or “artificially” competent individual is unclear in light of Ford v. Wainwright, a 1986 decision in which the United States Supreme Court, following ancient custom and common law rule, held that the cruel and unusual prohibition of the Eighth Amendment prohibited execution of the insane. The lack of clarity follows from the inability of the Court to agree on the reason the tradition persists. Nonetheless, health care providers …
Judge-Jury Agreement In Criminal Cases: A Partial Replication Of Kalven And Zeisel's The American Jury,
2015
Cornell Law School
Judge-Jury Agreement In Criminal Cases: A Partial Replication Of Kalven And Zeisel's The American Jury, Theodore Eisenberg, Paula L. Hannaford-Agor, Valerie P. Hans, Nicole L. Waters, G. Thomas Munsterman, Stewart J. Schwab, Martin T. Wells
Stewart J Schwab
This study uses a new criminal case data set to partially replicate Kalven and Zeisel's classic study of judge-jury agreement. The data show essentially the same rate of judge-jury agreement as did Kalven and Zeisel for cases tried almost 50 years ago. This study also explores judge-jury agreement as a function of evidentiary strength (as reported by both judges and juries), evidentiary complexity (as reported by both judges and juries), legal complexity (as reported by judges), and locale. Regardless of which adjudicator's view of evidentiary strength is used, judges tend to convict more than juries in cases of "middle" evidentiary …
The Not So Great Writ: Constitution Lite For State Prisoners,
2015
Brooklyn Law School
The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele
Ursula Bentele
Examination of the universe of cases in which the Supreme Court has recently reversed grants of federal habeas relief by circuit courts by issuing summary, per curiam opinions reveals some disturbing patterns. Substantively, the opinions continue the Court’s narrow interpretation of what law has been so clearly established that state courts must abide by its constitutional principles. Moreover, any rejection of a constitutional claim must be upheld unless there is no possibility that fairminded jurists could disagree with that determination. In terms of process, the summary reversals are issued in response to petitions for review by wardens, when the petitioners …
