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Articles 4831 - 4860 of 5713
Full-Text Articles in Entire DC Network
Rethinking Venue In Light Of The Rodney King Case: An Interest Analysis, Marvin Zalman, Maurisa Gates
Rethinking Venue In Light Of The Rodney King Case: An Interest Analysis, Marvin Zalman, Maurisa Gates
Cleveland State Law Review
This article analyzes the California Court of Appeals decision in Powell v. Superior Court of Los Angeles County that issued a writ of mandate on pretrial appeal directing the trial judge to order a defense motion for change of venue. The premise of the article is that the decision was inadequate in significant ways and concludes that the court of appeals improperly exercised its discretion. The venue in the "Rodney King" case properly belonged in Los Angeles County. Two broad lines of reasoning supporting this conclusion are offered. First, as discussed in Part II, the reasoning of Powell was wanting. …
Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth
Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth
Book Chapters
Most research that has attempted to predict verdict preferences on the basis of stable juror characteristics, such as attitudes and personality traits, has found that individual differences among jurors are not very useful predictors, accounting for only a small proportion of the variance in verdict choices. Some commentators have therefore concluded that verdicts are overwhelmingly accounted for by "the weight of the evidence," and that differences among jurors have negligible effects. But there is a paradox here: In most cases the weight of the evidence is insufficient to produce firstballot unanimity in the jury (Hans & Vidmar, 1986; Hastie, Penrod, …
Rights Held Hostage: Race, Ideology And The Peremptory Challenge, Kenneth B. Nunn
Rights Held Hostage: Race, Ideology And The Peremptory Challenge, Kenneth B. Nunn
UF Law Faculty Publications
This Article addresses the Supreme Court's application of the Equal Protection Clause to the selection of juries in criminal trials. Focusing on Black-white relations, it takes the position that efforts to eliminate racial discrimination in jury selection are successful only to the extent that they also eliminate the result of the discrimination- racial subjugation of Blacks through the criminal justice process. By this measure, the Supreme Court's recent jury selection cases are an abject failure.
The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley
The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Cornerstones Of The Judicial Process, Jerold H. Israel
Cornerstones Of The Judicial Process, Jerold H. Israel
Articles
Under our federated system of government, each state and the federal government have their own criminal justice processes. The federal system must comply with the constitutional prerequisites set forth in the Bill of Rights, and the state systems must comply with those Bill of Rights' provisions made applicable to the states by the Fourteenth Amendment,1 but those constitutional prerequisites allow considerable room for variation from one jurisdiction to another. In many respects, the fifty states and the federal government have used that leeway to produce considerable diversity in their respective criminal justice processes. At the same time, however, one can …
Getting To Know: Honoring Women In Law And In Fact, Lynne Henderson
Getting To Know: Honoring Women In Law And In Fact, Lynne Henderson
Scholarly Works
No abstract provided.
Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi
Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi
Publications
No abstract provided.
Brecht V. Abrahamson: Another Step Toward Evisceration Of Habeas Corpus, Lisa S. Spickler
Brecht V. Abrahamson: Another Step Toward Evisceration Of Habeas Corpus, Lisa S. Spickler
University of Richmond Law Review
As the amount of crime in this country increases, society is becoming more conscious of our criminal justice system. People are increasingly concerned with the outcome of criminal trials, specifically in assuring that crimes do not go unpunished. Determining guilt, ensuring that verdicts are not overruled on a "technicality," and issuing punishment have taken precedence over the protection of constitutional rights. However, the Constitution is not only concerned with the outcome of criminal trials. It is just as surely concerned with individual rights and process.
Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil
Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil
University of Richmond Law Review
The idea of the last-minute reprieve granted by a distant, unknowable dispenser of mercy to a man condemned to death has a powerful hold on our imaginations. Fyodor Dostoevsky's eleventh hour pardon by the czar in many ways shaped his literary career. The scene of the haunted Death Row prisoner who awaits word from the governor as a ticking clock punctuates his final hours is a stock vignette of Hollywood crime films. Anyone who has ever seized on the slimmest hope, whose fate has been committed to the hands of another - virtually all of us - can identify with …
The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz, Scott Staples
The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz, Scott Staples
University of Richmond Law Review
When a governor commutes a sentence of death, typically to one of life imprisonment either with an extended mandatory term or without possibility of parole, how is this action to be understood? As former Governor Pat Brown's book about his commutation decisions illustrates, in a period of widespread support for the death penalty, each commutation contains an appeal for popular support and understanding as to why the decision was made. Where the case for commutation cannot be made to the public's satisfaction, a governor is not likely to act.
The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross
The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross
Articles
On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these …
Criminal Justice Reforms In The United States, Paul Marcus
Criminal Justice Reforms In The United States, Paul Marcus
Faculty Publications
No abstract provided.
Some Worries About Sentencing Guidelines, William T. Pizzi
Some Worries About Sentencing Guidelines, William T. Pizzi
Publications
No abstract provided.
The Role Of The Legislature In Guidelines Sentencing In The "Other Washington", David Boerner
The Role Of The Legislature In Guidelines Sentencing In The "Other Washington", David Boerner
Faculty Articles
Washington's legislature crafted a sentencing system which structures but does not eliminate discretionary decisions affecting sentences. Washington has a Sentencing Guidelines Commission which functions as an agent of the legislature and not as an independent actor. Data collected by the Sentencing Guidelines Commission since 1985 demonstrate the effectiveness of Washington's sentencing guidelines in translating the legislature's sentencing policy judgments into reality. The legislature's role in formulating and refining sentencing policies is examined in detail, as well as Washington's Sentencing Reform Act of 1981 and its effect on sentencing.
Harmless Error In The Penalty Phase Of A Capital Case: A Doctrine Misunderstood And Misapplied, Linda Carter
Harmless Error In The Penalty Phase Of A Capital Case: A Doctrine Misunderstood And Misapplied, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz
Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz
Articles by Maurer Faculty
No abstract provided.
Blackmail: The Paradigmatic Crime, George P. Fletcher
Blackmail: The Paradigmatic Crime, George P. Fletcher
Faculty Scholarship
The ongoing debate about the rationale for punishing blackmail assumes that there is something odd about the crime. Why, the question goes, should demanding money to conceal embarrassing information be criminalized when there is nothing wrong with the separate acts of keeping silent or requesting payment for services rendered? Why should an innocent end (silence) coupled with a generally respectable means (monetary payment) constitute a crime? This supposed paradox, however, is not peculiar to blackmail. Many good acts are corrupted by doing them for a price. There is nothing wrong with government officials showing kindness or doing favors for their …
Telling The Victim's Story, Mary I. Coombs
Two Cheers For A Tale Of Three Cities, David Yellen
An End Run Around The Exclusionary Rule: The Use Of Illegally Seized Evidence Under The Federal Sentencing Guidelines, Victor Jay Miller
An End Run Around The Exclusionary Rule: The Use Of Illegally Seized Evidence Under The Federal Sentencing Guidelines, Victor Jay Miller
William & Mary Law Review
No abstract provided.
Subtle Influences: The Constitutionality Of Jailhouse Informant Testimony In Capital Cases, Wendy Freeman Miles
Subtle Influences: The Constitutionality Of Jailhouse Informant Testimony In Capital Cases, Wendy Freeman Miles
Capital Defense Journal
No abstract provided.
The Exhaustion Doctrine: State Prisoners Caught Between Civil Rights Actions And Writs Of Habeas Corpus, Linda Marie Bell
The Exhaustion Doctrine: State Prisoners Caught Between Civil Rights Actions And Writs Of Habeas Corpus, Linda Marie Bell
San Diego Law Review
This Comment explores the conflict between two federal laws when prisoners challenging their confinement seek damages or declaratory relief. On one hand, the exhaustion doctrine requires state prisoners to exhaust their state remedies before filing a petition for a writ of habeas corpus in federal court when they contest their confinement. On the other hand, prisoners challenging their civil rights may file in federal court without exhausting all state remedies. This Comment addresses how federal courts should determine which rule to apply when a prisoner brings an action contesting confinement, but seeks only declaratory relief or damages. The author proposes …
Forensic Expertise In Dutch Criminal Procedure, Johannes F. Nijboer
Forensic Expertise In Dutch Criminal Procedure, Johannes F. Nijboer
Cardozo Law Review
No abstract provided.
Speak Of The Missing Witness, And Surely He Shall Appear: The Missing Witness Doctrine And The Constitutional Rights Of Criminal Defendants—State V. Blair, 117 Wash. 2d 479, 816 P.2d 718 (1991), Carl T. Edwards
Washington Law Review
In State v. Blair, the Washington Supreme Court held for the first time that the state may use the missing witness doctrine against criminal defendants. Under the missing witness doctrine, which provides a permissive inference based on a defendant's failure to present available witnesses, prosecutors may now argue that a defendant failed to call certain witnesses because the defendant feared that their testimony would have been incriminating. This Note examines the court's decision in State v. Blair, the formulation of the missing witness doctrine adopted by the court, and the common law origins of the missing witness doctrine. This Note …
Harmelin V. Michigan: The Supreme Court Narrows The Proportionality Principle, Neil S. Whiteman
Harmelin V. Michigan: The Supreme Court Narrows The Proportionality Principle, Neil S. Whiteman
West Virginia Law Review
No abstract provided.
Deliberate Response Falsification On Corresponding Subtests Of Two Tests Of Intelligence: Indicators For Simulating Mental Retardation, Denis William Keyes
Deliberate Response Falsification On Corresponding Subtests Of Two Tests Of Intelligence: Indicators For Simulating Mental Retardation, Denis William Keyes
Special Education ETDs
Among concerns inherent in psychological testing is the possibility that examinees might perform less than accurately or honestly when responding to test items (Lezak, 1983). In context of some legal proceedings, individuals may stand to gain by performing poorly on physiological tests (Anastasti, 1988). For example, defendants could attempt to falsify their answers to impersonate an individual with mental retardation for the purpose of raising issues of incompetence to stand trial, nonresponsibility, or mitigation. In some states, a finding of mental retardation may mean the difference between a life sentence and execution for a defendant convicted of a capital crime. …
Opposing Peremptory Challenges Under Batson, Marcus E. Garcia, James W. Miller Jr.
Opposing Peremptory Challenges Under Batson, Marcus E. Garcia, James W. Miller Jr.
Capital Defense Journal
No abstract provided.
Tricks Prosecutors Play, Bennett L. Gershman
Tricks Prosecutors Play, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Criminal defense lawyers must recognize and challenge prosecutorial misconduct whenever it occurs. In my opinion, prosecutor's today wield greater power, engage in more egregious misconduct, and are less subject to judicial or bar association oversight than ever before. Few defense lawyers or commentators would disagree with these conclusions. Indeed, some types of prosecutorial misconduct have become almost “normative to the system.”
Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette
Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette
Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette
University of Arkansas at Little Rock Law Review
No abstract provided.