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Doubting Thomas: Confirmation Veracity Meets Performance Reality, Joyce A. Baugh, Christopher E. Smith

Seattle University Law Review

At the close of the United States Supreme Court's 1994 term, Justice Clarence Thomas became the center of news media attention for his important role as a prominent member of the Court's resurgent conservative bloc. More frequently than in past terms, Thomas's opinions articulated the conservative position for his fellow Justices. According to one report, "The newly energized Thomas has shown little hesitancy this term in leading the conservative charge. Another article referred to Thomas's "full-throated emergence as a distinctive and articulate judicial voice." Thomas's new prominence, assertiveness, and visibility have been attributed to his emergence from the shadows of …

The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi

Seattle University Law Review

Article I, section 20 of the Washington Constitution states that "[a]ll persons charged with crimes shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great." Despite seemingly unequivocal language that this constitutional provision is applicable to "all persons," the Washington Supreme Court, in Estes v. Hopp, declared that juveniles do not have a constitutional right to bail. The Estes court engaged in little constitutional analysis, but instead, reasoned that juvenile proceedings are civil in nature and that article 1, section 20 applies only in criminal proceedings. Central to the Estes …

Warren Burger And The Administration Of Justice, Carl Tobias

Villanova Law Review (1956 - )

No abstract provided.

Swearing In Ceremony: Investiture Of Beth Cozzolino As District Attorney Of Columbia County, Roger J. Miner '56

Induction Ceremonies and Investitures

No abstract provided.

Prior Restraints On The Media And The Right To A Fair Trial: A Proposal For A New Standard, 84 Ky. L.J. 259 (1996), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii

Faculty Publications

In the remarks that follow, I do four things. First, for those unfamiliar with the Federal Sentencing Guidelines, I begin by explaining briefly how the Guidelines work. Second, I endeavor to show why Judge Cabranes is wrong, absolutely wrong in declaring the Guidelines a failure, and mostly wrong in the specific criticisms he and others level against the Guidelines. Third, after jousting with Judge Cabranes a bit, I discuss some problems with the current federal sentencing system, most notably the sheer length of narcotics sentences. Finally, I comment briefly on some of the implications of the Guidelines, and the principles …

Once A Century: Time For A Structural Overhaul Of The Federal Courts, Martha Dragich

Faculty Publications

In this Article, I describe a structure capable of accommodating growing caseloads in a manner consistent with basic values of appellate justice. Before doing so, I sketch in Part I the structural evolution of the federal courts. Part II describes the current pressures on the courts of appeals, while Part III examines the effects of internal reforms on the quality of appellate justice and the development of a coherent body of national law. Next, in Part IV, I posit requirements for the federal courts' third century. Part V reviews major proposals to address the caseload crisis in the courts of …

The Death Penalty And The Interstate Agreement On Detainers Act: A Proposal For Change, 29 J. Marshall L. Rev. 499 (1996), Edward G. Hild

UIC Law Review

No abstract provided.

Toward The Abolition Of The Death Penalty, Shigemitsu Dando

Indiana Law Journal

This Article was delivered by Justice Dando as the Jerome Hall Lecture at Indiana University School of Law-Bloomington on April 14, 1996.

Egyptian Civil Justice Process Modernization: A Functional And Systemic Approach, Hiram E. Chodosh, Stephen A. Mayo, Fathi Naguib, Ali El Sadek

Michigan Journal of International Law

To provide helpful assistance to other nations currently in pursuit of civil process reform, this Article introduces a model of civil justice modernization developed through a functional and systemic approach. Addressing the common weaknesses of many other reform efforts, this approach is first motivated by the conviction that process modernization is a necessary component of effective substantive legal reform. Second, in its critical assessment of the problems and its creative recommendations for reform, this Article integrates the design of procedural, institutional, and professional development measures, without requiring large investments of unavailable financial resources. Third, the Article presents a long-term and …

Physician Assisted Suicide: A Bad Idea, Yale Kamisar

Articles

It would be hard to deny that there is a great deal of support in this country - and ever-growing support - for legalizing physician-assisted suicide (PAS). Why is this so? I believe there are a considerable number of reasons. I shall discuss five common reasons - and explain why I do not find any of them convincing.

New Certiorari And A National Study Of The Appeals Courts, Carl W. Tobias

Law Faculty Publications

Elitism, Expediency, and the New Certiorari: Requiem for the Learned Hand Tradition is a thought-provoking critique of the United States Courts of Appeals. Professors William Richman and William Reynolds maintain that dramatic increases in appellate filings have transformed the appeals courts during the last quarter-century, prompting systemic constriction of procedural opportunities, particularly for parties with few resources or little power. The authors find these changes profoundly troubling and propose that Congress radically expand the number of appellate judges.

Individuals and institutions, such as expert study committees, which have analyzed the federal courts, agree with much of the authors' descriptive assessment. …

Cooperating With The Prosecutor: How Many Motions Does It Take To Secure A Sentence That Is Less Than The Mandatory Minimum Provided By Statute?, Jimmy Gurulé

Journal Articles

A preview of Melendez v. United States, a 1996 Supreme Court case in which a convicted cocaine dealer appealed his mandatory 10 year sentence under the federal statutes on the grounds that he had cooperated with the prosecutor. While the United States Congress has authorized courts to impose sentences below the mandatory minimum set by the statutes and the Federal Sentencing Guidelines for defendants who provide substantial cooperation with the prosecution, courts can only do so at the request of the prosecutor. At issue in this case, where the prosecutor requested a sentence lower than the Guidelines minimum but not …

The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the victim-plaintiff in German criminal trials, particularly in cases involving sexual violence. It highlights the unique procedural rights granted to victim-plaintiffs, such as the ability to participate actively in trials and present evidence. However, the analysis reveals significant practical and systemic barriers that limit the effectiveness of this institution, including restrictive evidentiary rules, financial challenges, and gender biases within the judiciary. The article argues that while the victim-plaintiff institution offers opportunities for victims to seek justice, its impact is undermined by these obstacles, raising concerns about the protection of sexual autonomy and gender equality …

Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer

University of Richmond Law Review

On March 9, 1991, Shawn Paul Novak was charged with the murder of two young boys, Daniel Grier, age nine, and Christopher Weaver, age seven. The boys had disappeared on March 4 and their bodies were found the next day after an extensive search. The police inquiry into the murders led to the questioning of a number of people, including Shawn, then age sixteen. Shawn was questioned on four separate occasions. At no time prior to, during, or after any of these questioning sessions was Shawn read his Mirandawarnings which specify the rights to which he was entitled under the …

Right To Counsel

Touro Law Review

No abstract provided.

Right To Counsel

Touro Law Review

No abstract provided.

Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly

Touro Law Review

No abstract provided.

The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie

Touro Law Review

No abstract provided.

To Act Or Not? That Is The Question: Self-Incrimination And The Sole Proprietor, Raymond G. Keenan

Touro Law Review

No abstract provided.

Federal Use Of State Institutions In The Administration Of Criminal Justice, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Warren Burger And The Administration Of Justice, Carl W. Tobias

Law Faculty Publications

Professor Tobias examines the career of Chief Justice of the United States Warren E. Burger, emphasizing his "enormous contribution to improving the administration of Justice in the United States."

Excessive Criminal Justice Caseloads: Challenging The Conventional Wisdom, Jerold H. Israel

Articles

Since the mid-1960s, no element of the criminal justice environment has received more attention and been accorded greater importance, in both popular and professional commentary, than has the pressure of heavy caseloads. The lack of sufficient resources to deal with overbearing caseloads has been widely characterized as the most pervasive and most critical administrative challenge faced by police, prosecutors, public defenders, and courts.' National commissions have regularly complained that the criminal justice system is "overcrowded, overworked, [and] undermanned," and must be given "substantially more money" to cure those ills if it is ever to perform all of the tasks assigned …

Juror Empathy And Race, Douglas O. Linder

Faculty Works

No abstract provided.

The Ills Of The Federal Sentencing Guidelines And The Search For A Cure: Using Sentence Entrapment To Combat Governmental Manipulation Of Sentencing, Robert S. Johnson

Vanderbilt Law Review

Consider the following scenario:' The police conduct an under- cover sting operation targeting drug traffickers. An undercover officer approaches a suspected drug dealer and arranges to purchase crack cocaine. Over a period of five weeks, the suspect makes seven sales to the officer, and the police arrest him after the final sale. The total amount sold by the defendant was 50.4 grams, just enough to place him within the mandatory minimum sentence of ten years. Had he sold up to 49.9 grams, his mandatory minimum sentence would only have been five years. The district court hearing this case found it …

“Attitudinal” Decision Making In The Federal Courts: A Study Of Constitutional Self Representation Claims, John R. Quinn

Scholarly Works

This Article reports on the performance of a study based on and inspired by Segal and Spaeth's work. It examines the possible attitudinal bases of the entire corpus (over 100 cases) of federal district court decisions involving constitutional self-representation claims. As explained in greater detail below, this area of jurisprudence was selected for study because decisions often are dependent upon the exercise of judicial discretion-Segal and Spaeth's attitudinal factors. This study both elucidates the attitudinal methods of Segal and Spaeth and "proves" an exception to the attitudinal model hypothesized by Segal and Spaeth. That exception is the salience of doctrine …

Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers

Indiana Law Journal

Symposium: The Capital Jury Project

Violence, Representation, And Responsibility In Capital Trials: The View From The Jury, Austin Sarat

Indiana Law Journal

Symposium: The Capital Jury Project

Cross-Overs-Capital Jurors Who Change Their Minds About The Punishment: A Litmus Test For Sentencing Guidelines, Marla Sandys

Indiana Law Journal

Symposium: The Capital Jury Project