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Articles 2371 - 2400 of 138713
Full-Text Articles in Entire DC Network
Chapter 16 - Representing Clients Who Are Mentally Ill Or Intellectually Disabled, Anthony G. Amsterdam, Randy A. Hertz
Chapter 16 - Representing Clients Who Are Mentally Ill Or Intellectually Disabled, Anthony G. Amsterdam, Randy A. Hertz
Trial Manual for the Defense of Criminal Cases
There are, however, some clients who are not competent to make decisions affecting their own welfare; and counsel may need to take special measures in these cases. If counsel reasonably believes that mental illness or an intellectual disability has so severely “diminish[ed]” the client’s “capacity to make adequately considered decisions in connection with the representation . . . [that] a normal client-lawyer relationship with the client” cannot be maintained, and if counsel furthermore “reasonably believes” that the client “is at risk of substantial physical, financial or other harm unless action is taken and [that the client] cannot adequately act in …
Chapter 28 - Defense Motions To Advance Or For A Continuance; Motions To Dismiss For Want Of Prosecution; Speedy Trial Motions, Anthony G. Amsterdam, Randy A. Hertz
Chapter 28 - Defense Motions To Advance Or For A Continuance; Motions To Dismiss For Want Of Prosecution; Speedy Trial Motions, Anthony G. Amsterdam, Randy A. Hertz
Trial Manual for the Defense of Criminal Cases
Statutes or court rules establish criminal terms of court, at which the principal criminal business is done. Local practice may or may not allow the handling of particular phases of criminal cases out of term, such as the hearing and disposition of pretrial motions or the entry of a guilty plea and reference of the defendant for presentence investigation. Magistrates and justices of the peace ordinarily sit continually throughout the year; and in the courts of record, matters that are handled by ancillary procedures such as habeas corpus are never confined to the criminal terms.
Chapter 29 - Defense Trial Preparation, Anthony G. Amsterdam, Randy A. Hertz
Chapter 29 - Defense Trial Preparation, Anthony G. Amsterdam, Randy A. Hertz
Trial Manual for the Defense of Criminal Cases
Defense trial preparation culminates in the selection of the witnesses and evidence that will be presented at the trial (and, where applicable, at any pretrial evidentiary motions hearings such as suppression hearings (see Chapters 24-27 supra) and hearings on motions in limine (see § 17.5.3 supra)). Counsel must be wide-ranging in the search for sources of proof but highly selective in what s/he actually puts on at pretrial hearings and at trial. It is vital that s/he have an integrated theory of defense and that the evidence be tightly organized so that the defense theory will come across clearly in …
Chapter 18 - Pretrial Discovery; The Pretrial Conference, Anthony G. Amsterdam, Randy A. Hertz
Chapter 18 - Pretrial Discovery; The Pretrial Conference, Anthony G. Amsterdam, Randy A. Hertz
Trial Manual for the Defense of Criminal Cases
As a matter of practice, criminal discovery involves two processes or phases: informal and formal discovery. Most prosecutors are willing to hand over to the defense upon request certain categories of materials which it is clear that a court would order the prosecutor to divulge if the defense made a motion to discover them. Informal discovery devices (such as the discovery letter (see § 18.5 infra) and the discovery conference (see § 18.6 infra)) provide a quick route to obtaining this material. When the informal devices fail because the prosecutor refuses voluntarily to divulge information requested by the defense, counsel …
Chapter 26 - Motions To Suppress Confessions, Admissions, And Other Statements Of The Defendant, Anthony G. Amsterdam, Randy A. Hertz
Chapter 26 - Motions To Suppress Confessions, Admissions, And Other Statements Of The Defendant, Anthony G. Amsterdam, Randy A. Hertz
Trial Manual for the Defense of Criminal Cases
The doctrines described in this chapter supply grounds for suppressing not only confessions but any statement by the defendant – “whether inculpatory or exculpatory – that the prosecution may seek to introduce at trial” (Rhode Island v. Innis, 446 U.S. 291, 301 n.5 (1980) (emphasis in original); see also Miranda v. Arizona, 384 U.S. 436, 476-77 (1966)).
Chapter 35 - Opening Statements, Anthony G. Amsterdam, Randy A. Hertz
Chapter 35 - Opening Statements, Anthony G. Amsterdam, Randy A. Hertz
Trial Manual for the Defense of Criminal Cases
Immediately after the attorneys announce that they are ready to begin trial and before the first witness is called, the prosecuting and defense attorneys (in that order) are permitted to make opening statements, sometimes called opening arguments or opening speeches.
Chapter 33 - Selecting The Jury At Trial: The Voir Dire, Anthony G. Amsterdam, Randy A. Hertz
Chapter 33 - Selecting The Jury At Trial: The Voir Dire, Anthony G. Amsterdam, Randy A. Hertz
Trial Manual for the Defense of Criminal Cases
The procedures described in §§ 32.3-32.3.4 supra carried the process of selecting a trial jury up to the point at which a panel of jurors is ushered into the courtroom on the day of trial. The final step in the process, by which the actual trial jurors (and alternates) are selected from the panel, is known as the voir dire examination. It is the stage at which a great number of criminal cases are won or lost. For a discussion of voir dire practices that are useful in selecting jurors who are most likely to give defendants a fair trial, …
Chapter 43 - Closing Arguments, Anthony G. Amsterdam, Randy A. Hertz
Chapter 43 - Closing Arguments, Anthony G. Amsterdam, Randy A. Hertz
Trial Manual for the Defense of Criminal Cases
As a general matter, the closing arguments of the attorneys recapitulate the theories of each party and attempt to justify the inferences and conclusions that each feels should be drawn from the evidence. In almost all jurisdictions, the prosecutor argues first and defense counsel second. In some jurisdictions the prosecutor is always permitted to rebut and thereby have the last word; in other jurisdictions the prosecutor is permitted to rebut only if the defense has presented evidence. Some judges will permit surrebuttal argument by the defense when the prosecutor has obviously sandbagged and reserved most of his or her substantive …
Chapter 45 - The Jury's Deliberations And Verdict, Anthony G. Amsterdam, Randy A. Hertz
Chapter 45 - The Jury's Deliberations And Verdict, Anthony G. Amsterdam, Randy A. Hertz
Trial Manual for the Defense of Criminal Cases
(A) In some jurisdictions, once the jury’s deliberations have begun, the jurors are not permitted to separate until a verdict has been reached. If a verdict cannot be reached before a normal mealtime or day’s end, deliberations may be stopped with the permission of the court, and the jury will be fed or housed under the supervision of court attendants. Although the jury is kept together during these recesses, it is not permitted to deliberate outside the jury room.
Chapter 41 - Renewed Motion For Acquittal, Anthony G. Amsterdam, Randy A. Hertz
Chapter 41 - Renewed Motion For Acquittal, Anthony G. Amsterdam, Randy A. Hertz
Trial Manual for the Defense of Criminal Cases
At the close of all the evidence, the defendant moves for a judgment of acquittal (or a “directed verdict of acquittal,” as local practice may style it). This is a renewal of the motion previously made at the close of the prosecution’s case and raises the same legal issue. See Chapter 38. However, the issue is now decided on the basis of the evidence presented by both parties. See, e.g., United States v. Lawrence, 471 F.3d 135, 139-43 (D.C. Cir. 2006) (stating the general rule that “[i]f the defendant moves for a judgment of acquittal at the close of all …
Table Of Cases And Other Authorities, Anthony G. Amsterdam, Randy A. Hertz
Table Of Cases And Other Authorities, Anthony G. Amsterdam, Randy A. Hertz
Trial Manual for the Defense of Criminal Cases
References are to section numbers.
Economic Inequality And Family Formation In The United States, Elizabeth S. Krause
Economic Inequality And Family Formation In The United States, Elizabeth S. Krause
Theses and Dissertations--Economics
This dissertation evaluates economic inequality and family formation in the United States in three essays. In Essay 1, I estimate the effect of providing subsidized access to immediate postpartum contraceptives on birth spacing and infant health among low-income teen mothers. The intent-to-treat estimates indicate a 20% reduction in the monthly short-interval birth rate among teens 12-14 months after policy enactment. I also find evidence that the policy increased the average interval between births and reduced preterm and low-birth weight births and NICU admission rates. In Essay 2, I provide evidence that single mothers and single women without children are important …
Lack Of Player Protection Revealed Under Mlb’S Joint Domestic Violence, Sexual Assault And Child Abuse Policy And Necessary Changes To Avoid Arbitrary Disciplinary Actions., Maureen J. Camacho
Lack Of Player Protection Revealed Under Mlb’S Joint Domestic Violence, Sexual Assault And Child Abuse Policy And Necessary Changes To Avoid Arbitrary Disciplinary Actions., Maureen J. Camacho
Student Works
No abstract provided.
The Color Of Innovation And Law: An Analysis Of Racialized Populations Adversely Impacted By Structural Inequities In Intellectual Property Law And Biometric Technologies, R.S. Rowe
Student Works
No abstract provided.
Gentrification – Who’S It Really For? The Criminalization Of Communities Of Color To Make Room For Luxury, Joli Doñé
Student Works
No abstract provided.
Lewis V. Casey, Or Lexis Versus Westlaw? Benefits Of Updating Prison Law Libraries With The Latest Ai-Powered Research Tools, Joseph Holland
Lewis V. Casey, Or Lexis Versus Westlaw? Benefits Of Updating Prison Law Libraries With The Latest Ai-Powered Research Tools, Joseph Holland
Student Works
No abstract provided.
Extending The Eighth Amendment: Juvenile Solitary Confinement As Psychological Torture, Chong Yu
Extending The Eighth Amendment: Juvenile Solitary Confinement As Psychological Torture, Chong Yu
Student Works
No abstract provided.
Motherhood Behind Bars: Reproductive Rights And Oppression In The Carceral State, Elena Bresnan
Motherhood Behind Bars: Reproductive Rights And Oppression In The Carceral State, Elena Bresnan
Student Works
No abstract provided.
Reconnecting Behind Bars: Why Visitation Reform Matters For Reentry Success, Aaron Menzelefsky
Reconnecting Behind Bars: Why Visitation Reform Matters For Reentry Success, Aaron Menzelefsky
Student Works
No abstract provided.
A Comparison Of Catholic Moral Theology And The American Criminal System, Paige Rufolo
A Comparison Of Catholic Moral Theology And The American Criminal System, Paige Rufolo
Student Works
No abstract provided.
Who Can Be Disarmed? The Critical Need For The Return To Means-End Scrutiny In Rejection Of Bruen’S History And Tradition Test, Candacie Hilliman
Who Can Be Disarmed? The Critical Need For The Return To Means-End Scrutiny In Rejection Of Bruen’S History And Tradition Test, Candacie Hilliman
Student Works
No abstract provided.
Extraordinary And Compelling: Considering Actual Innocence In Compassionate Release, Peter Arleo
Extraordinary And Compelling: Considering Actual Innocence In Compassionate Release, Peter Arleo
Student Works
No abstract provided.
Strengthening Ethical Ai: Counteracting Racism In Predictive Policing, Nicholas Giaquinto
Strengthening Ethical Ai: Counteracting Racism In Predictive Policing, Nicholas Giaquinto
Student Works
No abstract provided.
Incarcerated Infants: The Mothers And Infants Nurturing Together Program And New Jersey’S Obligation To Care For Its Children, Hayley G. Friedman
Incarcerated Infants: The Mothers And Infants Nurturing Together Program And New Jersey’S Obligation To Care For Its Children, Hayley G. Friedman
Student Works
No abstract provided.
Dordt University 2026-27 Catalog, Dordt University. Registrar's Office
Dordt University 2026-27 Catalog, Dordt University. Registrar's Office
Academic Catalogs
Academic Catalog for 2026-27
Guilty Till Proven Innocent: Pennsylvania’S Battle With Eyewitness Misidentification And Wrongful Convictions, Chante Whyte
Guilty Till Proven Innocent: Pennsylvania’S Battle With Eyewitness Misidentification And Wrongful Convictions, Chante Whyte
Dickinson Law Review (2017-Present)
In his dissent in Watkins v. Sowders, Justice William J. Brennan of the United States Supreme Court found, “[T]here is almost nothing more convincing than a live human being who takes the stand, points a finger at the defendant, and says ‘That’s the one!’” Eyewitness identifications play a crucial role in the investigation and prosecution of crimes. However, the reliance on eyewitness testimony has also given rise to a significant issue within the criminal justice system: eyewitness misidentification. This phenomenon is now recognized as the leading cause of wrongful convictions in the United States. Over the years, extensive scientific and …
Silence For The Sake Of “Security”: Bop Regulations Stifle Incarcerated Journalism In Federal Prisons, Sydney Poppe
Silence For The Sake Of “Security”: Bop Regulations Stifle Incarcerated Journalism In Federal Prisons, Sydney Poppe
University of Colorado Law Review
No abstract provided.
Organizing And Advocacy Analysis And Innovation, Shari Simon
Organizing And Advocacy Analysis And Innovation, Shari Simon
Open Educational Resources
This assignment emphasizes students’ evaluation and creation skills while connecting to their broader coursework on advocacy and community engagement. Students analyze a real-world advocacy campaign, applying a SWOT framework to evaluate its strengths, weaknesses, opportunities, and threats. They then generate at least two original ideas to enhance or expand the campaign’s impact, drawing on their lived experiences, critical thinking, and social awareness. The assignment encourages the use of AI tools, such as ChatGPT, to support brainstorming, research, and content generation, with reflection on how AI contributed to their process. By integrating personal perspective, analytical rigor, and creative problem-solving, students develop …
Colloquial Language, Standard Language, Or Educated Language?, Rocio Carranza Brito
Colloquial Language, Standard Language, Or Educated Language?, Rocio Carranza Brito
Open Educational Resources
This assignment invites students to critically explore Spanish dialects, regional expressions, and language variations through guided interactions with ChatGPT. Students will examine colloquialisms across chosen Spanish dialects, analyze their meanings and linguistic significance, and compare AI-generated examples with their own academic revisions. Through structured reflection, students will assess the strengths, limitations, and risks of using AI as a language tool. The focus will be on intentional prompting, linguistic awareness, and critical evaluation, rather than simply substituting human expression.
Analyzing Headers With Chatgpt, Raymond Rosas
Analyzing Headers With Chatgpt, Raymond Rosas
Open Educational Resources
This assignment invites students to examine how section headers function as rhetorical and organizational tools in research writing by analyzing headers generated by ChatGPT. Using a shared sample text, students prompt generative AI to produce multiple sets of headers that foreground different analytical emphases (e.g., race or language). Students then compare these AI-generated headers to identify how shifts in emphasis reshape the implied structure, focus, and interpretation of a text. Through analysis and reflection, students use these insights to inform their own planning for inquiry-based research writing, while critically evaluating the affordances and limitations of generative AI at an early …