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Full-Text Articles in Law
The Choice Between Right And Easy: Pena-Rodriguez V. Colorado And The Necessity Of A Racial Bias Exception To Rule 606(B), Kevin Zhao
Duke Journal of Constitutional Law & Public Policy Sidebar
Traditionally, under Rule 606(b) of the Federal Rules of Evidence, jurors are barred from testifying towards matters within juror deliberations. However, many jurisdictions in the United States have adopted an exception to this rule for racial prejudice. That is, if a juror comes forward post-verdict to testify that another juror made racially charged comments within the jury room, then the verdict may be overturned. The Supreme Court will address this issue in its upcoming decision in Pena-Rodriguez v. Colorado. This commentary will argue that a racial bias exception is necessary to protect defendants' rights to a fair trial and …
Ring Around The Jury: Reviewing Florida's Capital Sentencing Framework In Hurst V. Florida, Richard Guyer
Ring Around The Jury: Reviewing Florida's Capital Sentencing Framework In Hurst V. Florida, Richard Guyer
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary discusses Hurst v. Florida, a case in which the Supreme court will review Florida's death sentencing scheme to determine whether it violates the Sixth of Eighth Amendments. The author argues that Florida's capital sentencing framework violates the Sixth Amendment. A jury, rather than a judge, better reflects society's moral views, which are critical to weigh when deciding whether to impose the death penalty.
Luis V. United States: Asset Forfeiture Butts Heads With The Sixth Amendment, Jordan Glassberg
Luis V. United States: Asset Forfeiture Butts Heads With The Sixth Amendment, Jordan Glassberg
Duke Journal of Constitutional Law & Public Policy Sidebar
In recent years, the federal government has vastly increased its use of asset forfeiture, the seizure of property connected to illegal activities. As authorized under federal law, the government is also able to restrain assets prior to trial when the government belives those assets will ultimately be found to be forfeitable. This pretrial restraint potentially implicates the constitutionally guaranteed right to counsel for criminal defendants. In the upcoming Supreme Court case of Luis v. United States, the Court will address the question of whether a pretrial restraint of assets which are not traceable to any illegal activity is permissible …