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Articles 391 - 420 of 818
Full-Text Articles in Entire DC Network
Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg
Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg
Washington and Lee Law Review
No abstract provided.
Too Poor To Hire A Lawyer But Not Indigent: How States Use The Federal Poverty Guidelines To Deprive Defendants Of Their Sixth Amendment Right To Counsel, John P. Gross
Washington and Lee Law Review
No abstract provided.
Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples
Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples
Washington and Lee Law Review
No abstract provided.
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
Washington and Lee Law Review
No abstract provided.
Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan
Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan
Washington and Lee Law Review
No abstract provided.
“Potential Innocence”: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller
“Potential Innocence”: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller
Washington and Lee Law Review
No abstract provided.
Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith
Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith
Washington and Lee Law Review
No abstract provided.
The Crime Victim And The Criminal Justice System: Time For A Change, Paul S. Hudson
The Crime Victim And The Criminal Justice System: Time For A Change, Paul S. Hudson
Pepperdine Law Review
The failure of the present criminal justice system to provide meaningful participation for victims of crime has launched crime victim reform measures to the forefront of the legislative agenda. This article explores current reform measures and proposes new programs to increase the quantity of victims' rights and enhance the quality of victim involvement.
The Victims' Movement: An Idea Whose Time Has Come, Frank Carrington, George Nicholson
The Victims' Movement: An Idea Whose Time Has Come, Frank Carrington, George Nicholson
Pepperdine Law Review
The victims' rights movement has only recently gained national exposure. The advances in victims' rights are seen in legislation on the federal and state levels and in various victim support groups. Through the cooperative effort of victims' rights advocates in the public and private sectors, the rights of crime victims are gradually being extended to their rightful place.
Do Procedural Claims Drive Out Merits Claims In Plea Bargaining?: A Comment On The Work Of The Late Professor William Stuntz, Gabriel J. Chin
Do Procedural Claims Drive Out Merits Claims In Plea Bargaining?: A Comment On The Work Of The Late Professor William Stuntz, Gabriel J. Chin
Duquesne Law Review
In his now classic body of work on plea bargaining, the late William Stuntz answered one the of the most disturbing challenges to the institution of plea bargaining: That it promotes conviction of the innocent by putting them to the torturous choice of pleading guilty to a crime they did not commit, or going to trial and facing the possibility of conviction, and thus even more time. Stuntz, like other scholars, persuasively contended that denying innocent defendants the opportunity for a plea bargain could only make them worse off because they would be forced to go to trial where they …
Interview With: Cindy Liou, Trafficking Coordinator With Api Legal Outreach, Amanda Crews Slezak
Interview With: Cindy Liou, Trafficking Coordinator With Api Legal Outreach, Amanda Crews Slezak
Children's Legal Rights Journal
No abstract provided.
Factually Innocent Without Dna? An Analysis Of Utah's Factual Innocence Statute, Nic Caine
Factually Innocent Without Dna? An Analysis Of Utah's Factual Innocence Statute, Nic Caine
Utah OnLaw: The Utah Law Review Online Supplement
Since 1989, DNA evidence has fueled the innocence movement, helping hundreds prove their innocence and obtain freedom. DNA technology has been an invaluable development for the innocence movement, and DNA technology will continue to advance and improve in the future. DNA evidence is not available in the majority of cases, however, and many believe that DNA exonerations will eventually diminish as DNA analysis becomes more widely available. Furthermore, “for every DNA exoneree there are hundreds if not over a thousand wrongfully convicted defendants whose cases do not contain biological evidence that could prove innocence.”150 It is time for other states …
Give Us Your Huddled Masses Yearning To Breathe Free: A Criminal Defender Resource Guide To Advising The Non-Citizen Criminally Accused, Rita M. Montoya
Give Us Your Huddled Masses Yearning To Breathe Free: A Criminal Defender Resource Guide To Advising The Non-Citizen Criminally Accused, Rita M. Montoya
Criminal Law Practitioner
No abstract provided.
Applicability Of Combatant Status To Pirates, The Pilpg
Applicability Of Combatant Status To Pirates, The Pilpg
War Crimes Memoranda
No abstract provided.
Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra
Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra
Cardozo Journal of Conflict Resolution
The Sixth Amendment guarantees "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defense." In 1984 the Supreme Court in Strickland v. Washington established the standard for ineffective assistance of counsel that is a violation of this right. In a pair of decisions handed down in 2012, Lafler v. Cooper and Missouri v. Frye, the Supreme Court extended the holding in Strickland to cover ineffective assistance by defense counsel in the plea-bargaining phase. Recognizing that pleas account for ninety-five percent of all criminal convictions, the court stated that "the negotiation …
The Future Of The Death Penalty In Kentucky And America, Stephen B. Bright
The Future Of The Death Penalty In Kentucky And America, Stephen B. Bright
Kentucky Law Journal
No abstract provided.
Stepping Into The Gap: Violent Crime Victims, The Right To Closure, And A Discursive Shift Away From Zero Sum Resolutions, Blanche Bong Cook
Stepping Into The Gap: Violent Crime Victims, The Right To Closure, And A Discursive Shift Away From Zero Sum Resolutions, Blanche Bong Cook
Law Faculty Research Publications
No abstract provided.
Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra
Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra
Faculty Articles
The Sixth Amendment guarantees "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defense." In 1984, the Supreme Court in Strickland v. Washington established the standard for ineffective assistance of counsel that is a violation of this right. In a pair of decisions handed down in 2012, Lafler v. Cooper and Missouri v. Frye the Supreme Court extended the holding in Strickland to cover ineffective assistance by defense counsel in the plea-bargaining phase. Recognizing that pleas account for ninety-five percent of all criminal convictions, the court stated that "the negotiation …
A Lawyer For John Doe: Alternative Models For Representing Maryland's Middle Class, Lucy B. Bansal
A Lawyer For John Doe: Alternative Models For Representing Maryland's Middle Class, Lucy B. Bansal
University of Maryland Law Journal of Race, Religion, Gender and Class
"A Lawyer for John Doe," explores the growing disparity between the legal services available to the upper class and the poor in the state of Maryland. The article offers four models or solutions that creatively show different ways in which middle class citizens can obtain adequate and substantive legal representation for issues that specifically concern them.
Strickland-Lite: Padilla’S Two-Tiered Duty For Noncitizens, César Cuauhtémoc García Hernández
Strickland-Lite: Padilla’S Two-Tiered Duty For Noncitizens, César Cuauhtémoc García Hernández
Maryland Law Review
No abstract provided.
Interpersonal Power In The Criminal System, Kimberly A. Thomas
Interpersonal Power In The Criminal System, Kimberly A. Thomas
Articles
This Article identifies the workings of interpersonal power in the criminal system and considers the effect of these cases on criminal theory and practice. By uncovering this phenomenon, this Article hopes to spark a legal academic dialogue and inquiry that has, until now, been unspoken. This Article has roots in my former work as a Philadelphia public defender and in my current work as a clinical professor with students who appear in criminal and juvenile court. As an advocate for the poor in a busy courthouse, one of a lawyer's tasks is to discover the multiple "real" stories behind the …
Prison Is Prison, Brooke Coleman
Prison Is Prison, Brooke Coleman
Faculty Articles
Two indigent men stand before two separate judges. Both will be sent to prison if they lose their cases. One receives appointed counsel, but the other does not. This discrepancy seems terribly unjust, yet the Supreme Court has no problem with it. It recently affirmed in Turner v. Rogers, that where an indigent individual is subject to criminal charges that can result in incarceration, he has a right to appointed counsel, but where an indigent individual is subject to civil proceedings where incarceration is a consequence, he does not. In other words, criminal and civil proceedings have different rules, and …
Prescriptions For Ethical Blindness: Improving Advocacy For Indigent Defendants In Criminal Cases, Tigran W. Eldred
Prescriptions For Ethical Blindness: Improving Advocacy For Indigent Defendants In Criminal Cases, Tigran W. Eldred
Faculty Scholarship
The reasons criminal lawyers so often fail to provide adequate legal representation to indigent defendants are well-known: severe underfunding, excessive workloads, and other disincentives for competent representation work together to encourage quick disposition of cases, with little regard for the quality of legal services that are provided. Yet, largely overlooked in this equation is whether defense lawyers who provide subpar representation are aware of their own shortcomings. To answer this question, this Article focuses on the psychology of ethical decision making. Relying on research that reveals the subtle ways that self-interest can cause people to overlook unethical behavior, it argues …
Summary Of Howard V. State, 128 Nev. Adv. Op. 67, Priscilla Baker
Summary Of Howard V. State, 128 Nev. Adv. Op. 67, Priscilla Baker
Nevada Supreme Court Summaries
The Court considered the State’s motion to reconsider and other various motions regarding the sealing of the ex parte motion to substitute counsel. It further deliberated whether documents and records could be filed under seal in a pending criminal case before the Court. In addition, the Court also addressed the requirements and procedures for sealing such documents and records.
Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland
Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland
Pepperdine Law Review
No abstract provided.
The Importance Of Being Empirical, Michael Heise
The Importance Of Being Empirical, Michael Heise
Pepperdine Law Review
Legal scholarship is becoming increasingly empirical. Although empirical methodologies gain important influence within the legal academy, their application in legal research remains underdeveloped. This paper surveys and analyzes the state of empirical legal scholarship and explores possible influences on its production. The paper advances a normative argument for increased empirical legal scholarship.
Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein
Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein
Touro Law Review
The last Term of the Supreme Court addressed the constitutionally protected rights of criminal defendants not only at trial but at the post-conviction stage as well. The Court dealt with the defendant's rights to a speedy trial and effective assistance of counsel in Vermont v. Brillon; the claim was that these constitutional protections were substantially frustrated by underfunded public defender offices, thereby leaving the defendant improperly incarcerated for three years. The Court also considered a case wherein the State had utilized a jailhouse snitch to elicit inculpatory statements from a defendant in violation of his Sixth Amendment right to counsel. …
Our Children, Ourselves: Ensuring The Education Of America's At-Risk Youth, Elizabeth Lamura
Our Children, Ourselves: Ensuring The Education Of America's At-Risk Youth, Elizabeth Lamura
Buffalo Public Interest Law Journal
No abstract provided.
New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia
New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia
Touro Law Review
No abstract provided.
The Public Defender As Anti-Trafficking Advocate, An Unlikely Role: How Current New York City Arrest And Prosecution Policies Systematically Criminalize Victims Of Sex Trafficking, Kate Mogulescu
Faculty Scholarship
No abstract provided.