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From Violent Crime To Terrorism: The Changing Basis Of The Federal, State And Local Law Enforcement Dynamic, Daniel C. Richman

Faculty Scholarship

Two lines of questions dominate discussions about how the nation ought to respond at home to the new (or rather newly perceived) terrorist threat: How do we ensure that information about potential terrorist activities is effectively gathered, shared, and used? And how do we ensure that the Government neither abuses the investigative authority we give it, nor demands more authority than it needs? Each line can profitably be pursued in its own terms. Yet to keep the conversations separate is to miss seeing how the very process of creating an effective domestic intelligence network may introduce a salutary level of …

Engaging With The State: The Growing Reliance On Lawyers And Judges To Protect Battered Women, Jane C. Murphy

All Faculty Scholarship

The passage of the federal Violence Against Women Act of 2000 (“VAWA II”) marked an important milestone in the evolution of the domestic violence movement. VAWA II created, among other things, a complex system for state and federal funding in all fifty states to provide civil legal assistance to battered women. Its passage completed a process that began in the early 1980s when domestic violence advocates shifted their focus from grass roots efforts to help battered women and their children leave abusive partners to building alliances with government and advocating for legal remedies to assist battered women. This paper looks …

Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green

Faculty Scholarship

Most criminal defendants in the United States cannot afford to pay for a lawyer's services, and as a result their lawyers are government funded. Unfortunately, some state and local governments drastically under-fund indigent defense services. Criminal defense lawyers serving in these jurisdictions typically carry grossly excessive caseloads and are therefore severely restricted in how much time they can devote to individual clients. Commentators have targeted the under-funding of indigent defense systems as a problem of criminal justice, constitutional law, and civil rights. That is certainly true, but the under-funding of indigent defense also raises a serious and inadequately recognized problem …

Independent Review Of The Crimes (Forensic Procedures) Act 2000, Mark Findlay

Research Collection Yong Pung How School Of Law

This Report focuses on the use of forensic procedures in the criminal justice system. It arises out of the requirement under section 122 of the Crimes (Forensic Procedures) Act 2000 (the Act) that the Minister (the Attorney General) review the Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai

American University Law Review

This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …

The Concept Of Equality In Civil Procedure, William B. Rubenstein

Cardozo Law Review

No abstract provided.

Symposium: The Human Genome Project, Dna Science And The Law: The American Legal System's Response To Breakthroughs In Genetic Science: Biographies Of Participants

American University Law Review

No abstract provided.

Crossing The (Blue) Line: Is The Criminal Justice System The Best Institution To Deal With Violence In Hockey?, John Timmer

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the criminal justice system is ill-equipped to, and thus should refrain from, prosecuting professional hockey players for violent acts committed during the course of play. Part II examines professional hockey and provides background regarding the nature of violence in the sport. Part III then discusses the history of prosecution of violent acts committed during professional hockey games, both in Canada and in the United States, providing some context for the type of violent actions that are prosecuted. Part IV examines some of the problems that arise in the prosecution of professional hockey players, including all applicable …

Whether There Is A Duty For A Country To Take An Accused As A Political Refugee If His Request For Asylum Is Based On A Well-Founded Fear Of Persecution., Robert K. Mcandrews

War Crimes Memoranda

No abstract provided.

Take Courage: What The Courts Can Do To Improve The Delivery Of Criminal Defense Services, Adele Bernhard

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Fortney

Journal of Law and Health

This article takes a different approach in considering the problem of prenatal drug abuse. After briefly discussing government intervention and constitutional issues, this article will consider the concept of duty and correlative rights. This discussion of duty and correlative rights suggests that the government can take measures to curb prenatal drug use without recognizing fetal rights. The article concludes with a discussion of the utility of criminal legislation as compared to public health legislation that treats drug addiction as a disease requiring treatment. As formulated, the proposal for public health legislation is not based on any concept of fetal rights. …

The Bounds Of Zeal In Criminal Defense: Some Thoughts On Lynne Stewart, Abbe Smith

Georgetown Law Faculty Publications and Other Works

On April 9, 2002, a troop of armed FBI agents stormed the Brooklyn town house of sixty-two-year-old Lynne Stewart. A school librarian turned criminal lawyer, Stewart thought they had come for her life partner, longtime political activist Ralph Poynter. Flashing an arrest warrant, the agent in charge informed her otherwise, "We're not here for him, we're here for you." As her neighbors looked on, Stewart was handcuffed and taken off to jail.

Indicted under a federal law that prohibits providing "material support or resources" to organizations designated by the Secretary of State as engaging in terrorist activity, Stewart suddenly found …

Take Courage: What The Courts Can Do To Improve The Delivery Of Criminal Defense Services, Adele Bernhard

Articles & Chapters

In this article, I first, suggest that the current deplorable state of criminal defense services should provide a motivation for judicial action. Then, I review the precedent providing the foundation for judicial action. In the third section, I discuss the standards applicable to defense services. In the final section, I speculate about the changing role of the criminal defense attorney and how that evolution might hasten judicial action.

Current Status Of Federal Law Concerning Violent Crimes Against Women And Children: Implications For Cult Victims, Robin Boyle

Faculty Publications

The author presents key provisions of The Victims of Trafficking and Violence Protection Act of 2000, which is federal legislation divided into two Acts. In Parts I and II of this article, the author describes how The Violence Against Women Act of 2000 reauthorized critical grant programs created by the Violence Against Women Act of 1994, established new programs, and strengthened federal laws. In Part III of this article, the author explains that The Trafficking Victims Protection Act of 2000 prevents the trafficking of women and children. In Part IV the author suggests how both Acts have implications for cult …

Community Prosecutors, Anthony V. Alfieri

Articles

No abstract provided.

Glittery Promise Vs. Dismal Reality: The Role Of A Criminal Lawyer In The People's Republic Of China After The 1996 Revision Of The Criminal Procedure Law, Ping Yu

Vanderbilt Journal of Transnational Law

In this Article, the Author examines the recent revisions to the Chinese Criminal Procedure Law. The Author maintains that while the revisions were intended to promote a more equitable criminal justice system, the political climate in fact has rendered the revisions a step down for both defense attorneys and defendants. The Author analyzes different aspects of the revised law in order to support this point. In his conclusion, the Author suggests some changes to the criminal procedure law that may help to bring the Chinese defense system up to international standards.

The Bounds Of Zeal In Criminal Defense: Some Thoughts On Lynne Stewart, Abbe Smith

Georgetown Law Faculty Publications and Other Works

What caused Lynne Stewart, after more than two decades of defense lawyering in the best tradition of the legal profession to cross the line? Holding aside the political climate of the times, did Stewart's approach to lawyering--whether in political or not terribly political cases--lead to her demise? Is her approach to lawyering different from most of the bar?

This paper discusses the conduct that led to Stewart's prosecution and her approach to lawyering generally. The author examines whether her view of zeal and devotion is at odds with the prevailing ethics and ethos of defense lawyering, and, if not, what …

Unreasonable Probability Of Error, Jed Handelsman Shugerman

Faculty Scholarship

In Strickland v. Washington, the Supreme Court sought to create a uniform standard to guarantee effective assistance of counsel to criminal defendants, to "ensure a fair trial," and to assure the reliability of "a just result."' Justice O'Connor's majority opinion created a two-pronged test for overturning a trial verdict: deficient performance and resulting prejudice. The Court explicitly established a difficult burden for proving deficient performance,² but set a moderate standard for prejudice as the "reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient …

Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff

Scholarly Articles in Law Reviews & Journals

The United States is currently experiencing one of the largest waves of immigration in its history. Contrary to common assumptions, more than half of new immigrants are women. Despite this fact, U.S. immigration policy and most agencies serving immigrants have remained blind to gender differences and have treated all immigrants alike.

Make Way For The Aba: Smith V. Robbins Clears A Path For Anders Alternatives, James E. Duggan, Andrew W. Moeller

The Journal of Appellate Practice and Process

Indigents appealing criminal convictions are entitled to court-appointed counsel. The American Bar Association suggests a standard for providing the required representation. This standard is known as the Idaho Rule.

Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Voluntariness With A Vengeance: Miranda And A Modern Alternative, Jonathan B. Zeitlin

St. Thomas Law Review

One of the most famous opinions in American jurisprudence is that of the United States Supreme Court in the case of Miranda v. Arizona. The Court's prophylactic rule in Miranda has been followed in both state and federal courts with little derogation for over thirty years. On February 8, 1999, in Dickerson v. United States, the United States Court of Appeals for the Fourth Circuit ignored Miranda, turning instead to 18 U.S.C. § 3501, a relatively obscure federal statute enacted in 1968 in response to the Court's decision in Miranda. The United States Supreme Court granted certiorari and heard oral …

The Problem With Innocence, Margaret Raymond

Cleveland State Law Review

Pursuing justice for the wrongfully convicted is a profoundly meaningful goal. Yet the innocence movement may have unintended consequences for the criminal justice system. This paper explores some of these, and argues that the focus on factual innocence may create certain distortions in the way that actors in the criminal justice system---the "ones left behind"--perceive their obligations and allegiances. It may convince the public, including policymakers, that the system works effectively to reveal and redress wrongful convictions. It may convince prospective jurors that it is-or should be-the defendant's burden to prove innocence. It may convince potential criminal defense clients that …

Full Legal Representation For The Poor: The Clash Between Lawyer Values And Client Worthiness, Michelle S. Jacobs

UF Law Faculty Publications

This article seeks to expand the scope of our understanding of values and their connection to the work of poverty lawyers. The article explores the literature on poverty and moral worthiness. In order to bring clarity to the discussion, it examines social science research on defining "values" and detailing how they can affect behavior. Prof. Jacobs describes the reactions of clinical students to a classroom exercise, which asked them to describe the legal representation they would provide to hypothetical clients. This article describes how the link between students' values and broader societal beliefs affect the practices of the bar and …

The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser

Scholarly Works

This article reviews the work of the Juvenile Justice Clinic at the William S. Boyd School of Law.

Can You Be A Good Person And A Good Prosecutor?, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Somehow, it is understood that prosecutors have the high ground. Most people simply assume that prosecutors are the good guys, wear the white hats, and are on the "right" side. Most law students contemplating a career in criminal law seem to think this. It could be that most practicing lawyers think this, as well.

Prosecutors represent the people, the state, the government. This is very noble, important, and heady stuff. Prosecutors seek truth, justice, and the American way. They are the ones who stand up for the victims and would-be victims, the bullied and battered and burgled. They protect all …

Annual Survey Of Virginia Law: Criminal Law And Procedure, William J. Dinkin, Cullen D. Seltzer

University of Richmond Law Review

Because a large amount of the docket for the Court of Appeals of Virginia is comprised of criminal cases, and since the General Assembly regularly turns its attention to the questions of crime and punishment, in almost any year there are a great number of substantial developments in the criminal law. This past year was no exception. This article surveys developments in criminal law and procedure in Virginia from July 2000 to July 2001. Although this article is intended to survey significant developments over the past year, the reader is cautioned to bear in mind several important caveats.

Lawyers For The Abused And Lawyers For The Accused: An Interfaith Marriage, Abbe Smith, Ilene Seidman

Georgetown Law Faculty Publications and Other Works

In this article, we will explore what unites lawyers for the abused and lawyers for the accused. In Part II, we will discuss our connection as poverty lawyers concerned about the dignity of individual clients. In Part III, we will discuss our shared commitment to the adversarial system, legal process, and access to justice. In Part IV, we will address the challenge of teaching students who represent victims or perpetrators to be zealous and devoted advocates - but also to care about social and legal injustice on both sides.

Sentencing Reform In The Other Washington, David Boerner, Roxanne Lieb

Faculty Articles

Washington State's sentencing reform in the early 1980s encompassed all felonies, including those resulting in sentences to prison and jail; the state also enacted the first and only sentencing guidelines for juvenile offenders. Several lessons are suggested from Washington's experience: sentencing guidelines can change sentencing patterns and can reduce disparities among offenders who are sentenced for similar crimes and have similar criminal histories; a sentencing commission does not operate as an independent political force, except when such delegation serves the legislature's purpose; guidelines are policy-neutral technologies that can be harnessed to achieve the legislature's will; in states where citizen initiatives …

Joel Feinberg On Crime And Punishment: Exploring The Relationship Between The Moral Limits Of The Criminal Law And The Expressive Function Of Punishment, Bernard Harcourt

Faculty Scholarship

When I was originally approached to participate in this Symposium on the work and legacy of Joel Feinberg, I immediately began thinking about the influence of his essay The Expressive Function of Punishment on contemporary criminal law theory in the United States. That essay has contributed significantly to a growing body of scholarship associated with the resurgence of interest inexpressive theories of law. In the criminal law area, the expressivist movement traces directly and foremost to Feinberg's essay. As Carol Steiker observes, "Joel Feinberg can be credited with inaugurating the "expressivist" turn in punishment theory with his influential essay, The …