Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Prejudice-Based Rights In Criminal Procedure, Justin Murray
Prejudice-Based Rights In Criminal Procedure, Justin Murray
Articles & Chapters
This Article critically examines a cluster of rules that use the concept of prejudice to restrict the scope of criminal defendants’ procedural rights, forming what I call prejudice-based rights. I focus, in particular, on outcome-centric prejudice- based rights—rights that apply only when failing to apply them might cause prejudice by affecting the outcome of the case. Two of criminal defendants’ most important rights fit this description: the right, originating in Brady v. Maryland, to obtain favorable, “material” evidence within the government’s knowledge, and the right to effective assistance of counsel. Since prejudice (or equivalently, materiality) is an element of these …
Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer
Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer
Articles & Chapters
No abstract provided.
Gideon's Shelter: The Need To Reorganize A Right To Counsel For Indigent Defendants In Eviction Proceedings, Andrew Scherer
Gideon's Shelter: The Need To Reorganize A Right To Counsel For Indigent Defendants In Eviction Proceedings, Andrew Scherer
Articles & Chapters
No abstract provided.
Appointed Counsel For The Indigent Civil Defendant: A Constitutional Right Without A Judicial Remedy., Michael Botein
Appointed Counsel For The Indigent Civil Defendant: A Constitutional Right Without A Judicial Remedy., Michael Botein
Articles & Chapters
No abstract provided.