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Illusion, Illogic, And Injustice: Real-Offense Sentencing And The Federal Sentencing Guidelines, David Yellen

Articles

No abstract provided.

Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay

Research Collection Yong Pung How School Of Law

A unique characteristic of prosecutorial discretion in Japan is the formal practice of suspension. From the later part of last century, public prosecutors were presented with the discretionary option of waiving or suspending prosecution dependent on certain conditions.

Introduction: Taking The Stand, Barbara A. Babcock

William & Mary Law Review

No abstract provided.

The Language And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson

William & Mary Law Review

No abstract provided.

Procedural Issues Raised By Guidelines Sentencing: The Constitutional Significance Of The "Elements Of The Sentence", Sara Sun Beale

William & Mary Law Review

No abstract provided.

To Serve And Yet To Be Protected: The Unconstitutional Use Of Coerced Statements In Subsequent Criminal Proceedings Against Law Enforcement Officers, Andrew M. Herzig

William & Mary Law Review

No abstract provided.

Therapeutic Jurisprudence And The Criminal Courts, David B. Wexler

William & Mary Law Review

No abstract provided.

Just The Facts, Ma'am: Lying And The Omission Of Exculpatory Evidence In Police Reports,, Stanley Z. Fisher

Faculty Scholarship

George Jones's ordeal was the product of, and in turn sheds light upon, police practices of investigating crimes and writing reports. Written police reports of criminal incidents and arrests give details such as the time, place, and nature of criminal conduct; the names and addresses of victims and witnesses; physical characteristics of the perpetrator(s) or arrestee(s); weapons used; property taken, recovered, or seized from the arrestee; and injuries to persons and property. Through their reports, the police "have fundamental control over the construction of [the] 'facts' for a case, and all other actors (the prosecutor, the judge, the defense lawyer) …

Living Under Siege: Do Stalking Laws Protect Domestic Violence Victims?, Susan E. Bernstein

Cardozo Law Review

Nearly thirty percent of all women murdered in America are killed by their husbands or boyfriends, and as many as ninety percent of them have been stalked.

Section 8: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Chabrol V. Commonwealth 245 Va. 327, 427 S.E.2d 374 (1993)

Capital Defense Journal

No abstract provided.

What Every Virginia Capital Defense Attorney Should Know About The Federal Drug Kingpin Statute, Paul M. O'Grady

Capital Defense Journal

No abstract provided.

Murphy V. Commonwealth 246 Va. 136, 431 S.E.2d 48 (1993)

Capital Defense Journal

No abstract provided.

Presenting Mitigation Against The Client's Wishes: A Moral Or Professional Imperative?, Susan F. Henderson

Capital Defense Journal

No abstract provided.

Beyond Guidelines: The Commission As Sentencing Clearinghouse, David Yellen

Articles

No abstract provided.

Reforming The Criminal Trial, Craig M. Bradley

Indiana Law Journal

No abstract provided.

A Practical Guide To Recent Developments In Federal Habeas Corpus For Practicing Attorneys, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Police Authority, Respect And Shaming, Mark Findlay

Research Collection Yong Pung How School Of Law

This paper explores structures of police authority which seek legitimacy though consensus and respect within the ideology of community policing. Respect may be presented as one of the principal, voluntary bonding relationships within any community, and is proposed as a key to analysing the prevention and control potential of policing strategies. Shaming comes into the picture as an indicator of the impact of police authority within different community/cultural settings. While reintegration makes sense in terms of community symbolism, the significance of policing as part of the reintegrative process depends on its status and interaction with community interests.

Is Conviction Irrelevant?, Elizabeth T. Lear

UF Law Faculty Publications

Since 1986, the country has been witness to a revolution in federal sentencing practice: indeterminate sentencing, dominated by discretion and focused on the rehabilitative prospects of the offender, has been replaced by guidelines infused with offense-based considerations. As sweeping as the change in sentencing procedure has been, the system retains troubling aspects of the former regime. The most controversial among these is the Guidelines' reliance on unadjudicated conduct to determine proper punishment levels.

This approach is a variation on “real offense” sentencing, which severs the punishment inquiry from the offense of conviction, focusing instead on an offender's "actual" conduct. Under …

Jenkins V. Commonwealth 244 Va. 445 423 S.E.2d 360 (1992)

Capital Defense Journal

No abstract provided.

Litigating The Death Penalty And Race Discrimination In A Post-Mccleskey World, G. Douglas Kilday

Capital Defense Journal

No abstract provided.

Defending The Poor, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Given the harsh reality that the quality of justice that people get in this country often depends on how much money they have , is our society's aspiration toward "equal justice" attainable? Probably not. A criminal defendant's poverty is not necessarily inconsistent with zealous advocacy. But whether lawyers for the poor adequately protect their clients' rights in criminal cases is the subject of ongoing debate.

Resources And Rights: Towards A New Prototype Of Criminal Representation, Laura Gardner Webster

Mercer Law Review

A comprehensive concern in recent criminal procedure decisions in the United States Supreme Court has been the apprehension that certain rights afforded to the accused detract from efficient law enforcement. Efficiency in controlling crime and obtaining accurate verdicts is preferred over the recognition of rights which impede that process. This model of the purposes of the criminal justice system has its origins in the judicial reluctance to apply the Fourth Amendment exclusionary rule as a means of excluding otherwise probative evidence simply because "the constable blundered."' The problems in Fourth Amendment jurisprudence are well known. As two commentators have observed, …

From Japan's Death Row To Freedom, Daniel H. Foote

Washington International Law Journal

In 1975, the Japanese Supreme Court relaxed the standards governing the grant of retrials in criminal cases. Since then four death row inmates have obtained new trials and ultimate vindication through acquittals. The facts of the four cases are compelling: all involved highly publicized murders, rather harsh investigations leading to confessions that the defendants subsequently disavowed, and seemingly routine convictions followed by decades-long struggles by the convicted men to forestall their executions and secure retrials. Each of the men spent over 25 years on death row before the final determination that he had been unjustly convicted. In this article, Professor …

The Presentence Interview And The Right To Counsel: A Critical Stage Under The Federal Sentencing Structure, Megan E. Burns

William & Mary Law Review

No abstract provided.

Morgan V. Illinois: An Attempt To Provide Equality In The Selection Of Capital Sentencing Jurors, Tracy A. Peterson

Villanova Law Review (1956 - )

No abstract provided.

Statement By Toney Anaya On Capital Punishment, Toney Anaya

University of Richmond Law Review

I oppose capital punishment and was thrust into a position of having to put that opposition to the ultimate test - in 1986 commuted the death sentences of all those on "death row" in the New Mexico State Penitentiary.

The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley

Michigan Journal of International Law

This article will demonstrate that these general claims, as well as certain observations about specific countries, were, with one significant exception, substantially wrong when they were written. More importantly, due to significant developments in several countries in the years since those reports came out, they are even more wrong now. That is, not only have the U.S. concepts of pre-interrogation warnings to suspects, a search warrant requirement, and the use of an exclusionary remedy to deter police misconduct been widely adopted, but in many cases other countries have gone beyond the U.S. requirements.

Themes Of Injustice: Wrongful Convictions, Racial Prejudice, And Lawyer Incompetence, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The U. S. criminal justice system has undergone radical changes in the past generation. Crime is more complex; prosecutors are more powerful; and courts, corrections agencies, and defense services are burdened with larger case loads and tighter budgets. It is not the best of times to talk about justice. Yet, it is a subject that needs to be constantly addressed, particularly in times of crisis. The following essay focuses on some of the problems that present themselves in the criminal justice system today, including the conviction of innocent defendants, especially in capital cases; racial prejudice; and lawyer incompetence.

The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner

UIC Law Review

No abstract provided.