Editor's Observations: It's Alive! The Federal Booker-Fix Debate Sirs,
2012
University of Missouri, Columbia
Editor's Observations: It's Alive! The Federal Booker-Fix Debate Sirs, Frank O. Bowman Iii
Faculty Publications
Seven years have passed since Justice Ginsburg do-si-doed from the merits majority to the remedial majority in Booker and transformed the Federal Sentencing Guidelines into an advisory system.' And despite the logical absurdity of the Scalian Sixth Amendment doctrine that produced this outcome,' and despite the expectation of folks like me that this marriage of fish and fowl could not long survive, it survives. What is more, a great many people whose opinion matters now claim to love it-or at least to like it well enough to want to keep it for the foreseeable future. Thus, the outburst of legislative …
When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings,
2012
University of Maryland Francis King Carey School of Law
When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings, Douglas L. Colbert
Faculty Scholarship
This article suggests that the absence of representation at the beginning of a State criminal prosecution must come to a screeching halt. The criminal defense bar should take a leadership role and dedicate Gideon's anniversary to making certain that an accused's right to the effective assistance of counsel begins at the initial bail hearing. Indeed, guaranteeing vigorous representation should be the defense bar's number one priority.
Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth
Amendment,
2012
Washington and Lee University School of Law
Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth Amendment, Laura I. Appleman
Washington and Lee Law Review
In a criminal system that tips heavily to the side of wealth and power, we routinely detain the accused in often horrifying conditions, confined in jails while still maintaining the presumption of innocence. Here, in the rotting jail cells of impoverished defendants, lies the Shadowlands of Justice, where the lack of criminal procedure has produced a darkness unrelieved by much scrutiny or concern on the part of the law. This Article contends that our current system of pretrial detention lies in shambles, routinely incarcerating the accused in horrifying conditions often far worse than those of convicted offenders in prisons. Due …
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
Nevada Law Journal
No abstract provided.
The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising,
2012
Kwara State University, Malete - Nigeria
The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola
Abdullahi Saliu Ishola
This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or …
Summary Of Whitehead V. State, 128 Nev. Adv. Op. No. 24,
2012
Nevada Law Journal
Summary Of Whitehead V. State, 128 Nev. Adv. Op. No. 24, Eric Carson
Nevada Supreme Court Summaries
The Court grants an en banc reconsideration of an appeal from an order dismissing a post-conviction petition for writ of habeas corpus.
The Newest Jim Crow And The Incarceration Of Black Males,
2012
Selected Works
The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell
Dr. Edward E. Bell
Black males are in jail. Are "we" to blame? The New Jim Crow is alive.
Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself,
2012
Touro Law Center
Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein
Richard Daniel Klein
No abstract provided.
Apprendi V. New Jersey, The Scaling Back Of The Sentencing Factor Revolution And The Resurrection Of Criminal Defendant Rights, How Far Is Too Far?,
2012
Pepperdine University
Apprendi V. New Jersey, The Scaling Back Of The Sentencing Factor Revolution And The Resurrection Of Criminal Defendant Rights, How Far Is Too Far?, Analisa Swan
Pepperdine Law Review
No abstract provided.
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials,
2012
Pepperdine University
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials, Craig Lee Montz
Pepperdine Law Review
No abstract provided.
Ensuring Fair Trial In Cases Of Children In Conflict With The Laws: The Tanzanian Paradox’,
2012
SelectedWorks
Ensuring Fair Trial In Cases Of Children In Conflict With The Laws: The Tanzanian Paradox’, Lucky Mgimba
Lucky Michael Mgimba
The Issue of managing or dealing with children coming into conflict with the law has historically haunted nations and Tanzania is no exception. Although there have already been important headways, much remains to be done in ensuring a child friendly justice system in Tanzania. This work comes in place to analyze the legal and institutional framework under the International, regional and national (Tanzanian) levels; with a view of determining as to how much consistent are they with the accepted legal standards. It however ends by recommending a Child friendly justice system which aims at restorative justice.
The Criminal Rules Enabling Act,
2012
University of New Mexico School of Law
The Criminal Rules Enabling Act, Max Mizner
University of Richmond Law Review
No abstract provided.
United States V. Ruiz-Gaxiola: When Criminal Defendants Say No To Drugs,
2012
Brigham Young University Law School
United States V. Ruiz-Gaxiola: When Criminal Defendants Say No To Drugs, Adam Dayton
BYU Law Review
No abstract provided.
Municipal Liability? Not So Fast: What Connick V. Thompson Means For Future Prosecutorial Misconduct,
2012
Mercer University School of Law
Municipal Liability? Not So Fast: What Connick V. Thompson Means For Future Prosecutorial Misconduct, T. Owen Farist
Mercer Law Review
In Connick v. Thompson, the United States Supreme Court held that, under section 1983 of title 42 of the United States Code, the Orleans Parish District Attorney's actions failed to rise to the level of deliberate indifference required for municipal liability. The Court affirmed the possibility of "single-incident" municipal liability hypothesized in City of Canton v. Harris as an exception to the ordinary requirement of a pattern of similar violations necessary to prove the stringent standard of deliberate indifference to a known or obvious consequence. Despite upholding the validity of the exception, the Court found that Thompson's case did …
Empty Promises: Miranda Warnings In Noncustodial Interrogations,
2012
University of Michigan Law School
Empty Promises: Miranda Warnings In Noncustodial Interrogations, Aurora Maoz
Michigan Law Review
You have the right to remain silent; anything you say can be used against you in a court of law. You have the right to an attorney; if you cannot afford an attorney, one will be provided to you at the state's expense. In 2010, the Supreme Court declined an opportunity to resolve the question of what courts should do when officers administer Miranda warnings in a situation where a suspect is not already in custody-in other words, when officers are not constitutionally required to give or honor these warnings. While most courts have found a superfluous warning to be …
Summary Of State V. Huebler, 128 Nev. Adv. Op. No. 19,
2012
Nevada Law Journal
Summary Of State V. Huebler, 128 Nev. Adv. Op. No. 19, Richard A. Andrews
Nevada Supreme Court Summaries
The Court considered an appeal from the district court’s grant of relief of an untimely petition for a writ of habeas corpus from a conviction based on a guilty plea.
Legal Representation In The Chinese Criminal Court,
2012
University of Nevada, Las Vegas
Legal Representation In The Chinese Criminal Court, Yudu Li, Hong Lu
Graduate Research Symposium (GCUA) (2010 - 2017)
Abstract: Legal representation plays an important role in criminal sentencing decisions. China has recently stipulated a mandatory legal representation clause for all offenders facing capital charges in its Criminal Procedural Law (1996). This study uses data generated from criminal court case documents involving three serious violent crimes: murder, intentional assault, and robbery. All these crimes carry a maximum of sentence of death. The study examines whether and under what conditions legal representation has an effect on criminal sentencing decisions in China. While the overall multi-regression model did not find that having a legal representation significantly reduces the criminal sentence, a …
Reforming The Right To Legal Counsel In Singapore,
2012
Singapore Management University
Reforming The Right To Legal Counsel In Singapore, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
This is an opinion prepared for the Criminal Law Committee of the Law Society of Singapore on an arrested person’s right to legal counsel in Singapore. Specifically, it deals with the following: (1) it summarizes pertinent aspects of the law relating to the right to legal counsel in Singapore; (2) it surveys a number of ASEAN and Commonwealth jurisdictions to determine how long after apprehension the right to counsel is generally accorded to arrested persons, and compares the legal position in these jurisdictions to the situation in Singapore; and (3) it examines two rights ancillary to the right to legal …
White-Collar Crime: Why The Sentencing Disparity Despite Uniform Guidelines?,
2012
Pepperdine University
White-Collar Crime: Why The Sentencing Disparity Despite Uniform Guidelines?, Jon J. Lambiras
Pepperdine Law Review
No abstract provided.
The Fifth Amendment Right Against Self-Incrimination: An In-Depth Look At Mckune V. Lile,
2012
Pepperdine University
The Fifth Amendment Right Against Self-Incrimination: An In-Depth Look At Mckune V. Lile, Heidi Feldman
Pepperdine Law Review
No abstract provided.
