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Right To Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes V. Tomei Court

Touro Law Review

No abstract provided.

Prosecutorial Readiness, Speedy Trial And The Absent Defendant: Has New York's 25 Year Dilemma Finally Been Resolved, Abraham Abramovsky, Jonathan I. Edelstein

Touro Law Review

No abstract provided.

Right To Jury Trial, Supreme Court, Dutchess County: People V. Mcintosh

Touro Law Review

No abstract provided.

Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman

Touro Law Review

No abstract provided.

Harris V. Commonwealth: The Use Of "Statutory" Aggravating Circumstances In Kentucky's Sentencing Procedure, Melissa Bartlett

Kentucky Law Journal

No abstract provided.

The Age Of Unreason: The Impact Of Reasonableness, Increased Police Force, And Colorblindness On Terry "Stop And Frisk", Omar Saleem

Journal Publications

No abstract provided.

Origins Of The Fifth Amendment And Its Critics, Leonard W. Levy

Cardozo Law Review

No abstract provided.

Jury Reform: Of Myths And Moral Panics, Peter Duff, Mark Findlay

Research Collection Yong Pung How School Of Law

It is now commonplace to assert that the jury performs an important ideological or symbolic role in the criminal justice process. Indeed, it is often argued that this function is more significant than the impact the jury has in practice (see Mungham & Bankowski 1976; Duff & Findlay 1982; Findlay & Duff 1988: 1–7; Darbyshire 1991). Certainly it is true that, in virtually every jurisdiction where the jury exists, only a very small proportion of alleged offenders have their cases heard before a jury. There are two principal reasons for this. First, the vast majority of those charged with criminal …

Kogen V. Chief Military Prosecutor, Theodor Or, Dalia Dorner, Jacob Turkel

Translated Opinions

Facts: Petitioners, prisoners in a military prison, participated in a prison uprising allegedly motivated by deficient prison conditions. The military authorities negotiated with the inmates, who demanded improvements in prison conditions and a commitment from the authorities not to prosecute them. The military authorities agreed to this last condition. Despite this agreement, however, the inmates were prosecuted. Petitioners here contest this latter decision.

Held: The Court noted that precedents allow for the government to repudiate an agreement if such a step is dictated by the public interest. Such a decision must take all the relevant interests into account, including the …

The Path To Habeas Corpus Narrows: Interpreting 28 U.S.C. § 2254(D)(1), Sharad Sushil Khandelwal

Michigan Law Review

The enforcement of the U.S. Constitution within the criminal justice system is an odd subspecies of constitutional law. In areas other than criminal law, federal courts act as the ultimate guarantors of constitutional rights by providing remedies whenever violations occur. Criminal law, however, is different by necessity; the bulk of criminal justice occurs in state courthouses, leaving constitutional compliance largely to state judges. The U.S. Supreme Court, of course, may review these decisions if it chooses, but a writ of certiorari can be elusive, especially given the Court's shrinking docket. After World War II, however, this feature of criminal constitutional …

Section 4: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Arkansas' Missed Opportunity For Rehabilitation: Sending Children To Adult Courts, Gerrard F. Glynn

University of Arkansas at Little Rock Law Review

No abstract provided.

Federal Sentencing Guidelines, Deborah R. Jordan

Mercer Law Review

The rule of law governing sentencing in the federal courts is becoming more and more of an intellectual exercise; one that may be interesting to the academics, but is confusing and frustrating to the individuals affected by the process. A review of the decisions issued in 1996 by the Court of Appeals for the Eleventh Circuit, as well as those of the United States Supreme Court, confirms this trend to intellectualize the sentencing process.

Most people who are confronted by the criminal justice system have strong emotions attached to the experience. Crime victims have suffered unjustly and want to see …

Gender, Race, And Court Location Effects On Exceptional Sentencing In The State Of Washington, Catherine L. Drezak

Sociology & Criminal Justice Theses & Dissertations

Policy statements by the Sentencing Commission for the State of Washington emphasize that gender, race, and community ties are irrelevant to sentencing decisions. Based on prior sentencing practices, these policies carry the potential to incorporate unrecognized sentencing disparity practices into the proposed sentencing equality solution. Using Washington's sentencing data under current sentencing guideline structures, this research examined the sentencing outcomes with respect to sentences given outside the guidelines. This study was designed to address the research questions: What effect, if any, does gender have on exceptional sentence outcome? To what extent, if any, is race a factor in determining gender …

Bailing Out Of Bonds: The Effect Of Victim/Offender Relationships And Other Factors In The Setting Of Bail, Tancy Vandecar

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to investigate which factors impact bail decisions made by magistrates and judges. Much of the research on this topic was done in the early 1960s and 1970s when efforts such as the Manhattan Bail Project were in full force and the decisions of magistrates had not been investigated. There has been little research which looks specifically at the effect of victim-offender relationship on the bail decision. The present research utilizes bail decisions made by judges in the General District Court of Virginia Beach, Virginia as well as Virginia Beach magistrates. The effects of offense …

Can You Lie To The Government And Get Away With It--The Exculpatory-No Defense Under 18 U.S.C. 1001, Stephen Michael Everhart

West Virginia Law Review

No abstract provided.

Arrest: What's The Big Deal, Barbara J. Hart

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

No abstract provided.

Evaluating The Effectiveness Of Mandatory Arrest For Domestic Violence In Virginia, Joel Garner

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

The Commonwealth of Virginia has adopted a series of new provisions, scheduled to become effective, July 1, 1997. These provisions will provide directives for the criminal legal system in response to the issue of domestic violence. One of these provisions, the mandatory arrest of the "primary physical aggressor" in instances of assault and battery of a family or household member, is a matter of some controversy in Virginia and the nation. This article focuses on evaluating the effectiveness of the mandatory arrest provision in Virginia. The underlying premise of this article is that systematic evidence is different from personal experience, …

Virginia's Response To Family Violence, Harriet Russell

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

No abstract provided.

Interview With John Klock, Renee Esfandiary, Krista Newkirk

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

No abstract provided.

Prosecuting The Fishery: The Supreme Court Of Canada And The Onus Of Proof In Aboriginal Fishing Cases, Peggy J. Blair

Dalhousie Law Journal

In Sparrow and other decisions, the Supreme Court of Canada has outlined certain tests which must be met by the Crown and defence in the trial of aboriginal fishing cases where s.35 rights are at issue. This article describes the shifting burdens of proof which have resulted from those tests. The author argues that the Supreme Court of Canada has imposed procedural and substantive requirements of proof on the defence which may in themselves be unconstitutional.

A Matter Of Life And Death: Revising The Harmless Error Standard For Habeas Corpus Proceedings, David M. Bowman

Washington Law Review

Since 1967, federal courts have conducted harmless error analysis to determine whether to uphold a prisoner's conviction notwithstanding a constitutional error committed at the prisoner's trial. A review of the development of the harmless error doctrine reveals how the U.S. Supreme Court and federal courts have solidified a rational impact test to determine harmlessness. More recently, the U.S. Supreme Court has moved away from a clearly defined test with respect to errors alleged by habeas corpus petitioners. This Comment analyzes the obstacles faced by habeas petitioners in establishing a magnitude of error sufficient for reversal under the newer doctrine. It …

Guilty Plea Revocation, Constitutional Waiver, And The Charter: "A Guilty Plea Is Not A Trap", John Dr Craig

Dalhousie Law Journal

The entry of a guilty plea has significant constitutional ramifications. It relieves the Crown of its obligation to prove the elements of an offence beyond a reasonable doubt and constitutes a waiver by the accused of various rights including the right to put the Crown's case to the test of a trial, the right to confront Crown witnesses through cross-examination and the right to remain silent in relation to the determination of legal guilt. In light of these constitutional dimensions, the article considers an issue which has received little academic attention: the revocation of a guiltyplea. The authorassesses the existing …

Finding The Truth In An American Criminal Trial: Some Observations, Frank J. Macchiarola

Cardozo Journal of International and Comparative Law

The article critiques the American adversarial criminal trial system, arguing that its focus on procedure and individual rights often hinders the pursuit of truth. While the system is deeply rooted in American cultural values, such as distrust of government and a commitment to individual liberties, its emphasis on adversarial contest rather than truth-seeking leads to inefficiencies and public dissatisfaction. The author highlights the tension between the system's theoretical commitment to justice and its practical limitations, particularly as illustrated by high-profile cases like the O.J. Simpson trial.

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Michigan Law Review

So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …

Vengeance Is Whose?: The Death Penalty And Cultural Relativism In International Law, James H. Wyman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Race-Based Jury Nullification: Rebuttal (Part A), 30 J. Marshall L. Rev. 923 (1997), Andrew D. Leipold

UIC Law Review

No abstract provided.

Habeas Corpus And The New Federalism After The Anti-Terrorism And Effective Death Penalty Act Of 1996, 30 J. Marshall L. Rev. 337 (1997), Marshall J. Hartman, Jeanette Nyden

UIC Law Review

No abstract provided.

The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur

UIC Law Review

No abstract provided.

No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton

UIC Law Review

No abstract provided.