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Book Review: James Duane, You Have The Right To Remain Innocent: What Police Officers Tell Their Children About The Fifth Amendment, Cecily J. Mullins
Book Review: James Duane, You Have The Right To Remain Innocent: What Police Officers Tell Their Children About The Fifth Amendment, Cecily J. Mullins
ConLawNOW
In this essay, the student author reviews the book You Have the Right to Remain Innocent by James Duane, which emphasizes the inherent risks of speaking to the police, regardless of whether or not you have something to hide.
Finding Justice, Laurie L. Levenson
Finding Justice, Laurie L. Levenson
ConLawNOW
In this essay memoralizing remarks presented on Constitution Day, Professor Laurie Levenson reflects on her transition from federal prosecutor to defense attorney as founder of Loyola Law School’s Project for the Innocent. She recounts the stories of two clients freed by the work of the Project. She then discusses how this work revealed blind faith in the Constitution is not enough to ensure that only the guilty are convicted. We need to do better. Levenson argues that we need to realize that constitutional rights only protect individuals if both prosecutors and defense lawyers want those rights to work. A prosecutor …
Hard Bargaining In Plea Bargaining: When Do Prosecutors Cross The Line?, Cynthia Alkon
Hard Bargaining In Plea Bargaining: When Do Prosecutors Cross The Line?, Cynthia Alkon
Nevada Law Journal
No abstract provided.
Federal Review Of State Criminal Convictions: A Structural Approach To Adequacy Doctrine, Eve Brensike Primus
Federal Review Of State Criminal Convictions: A Structural Approach To Adequacy Doctrine, Eve Brensike Primus
Michigan Law Review
Modern state postconviction review systems feature procedural labyrinths so complicated and confusing that indigent defendants have no realistic prospect of complying with the rules. When defendants predictably fail to navigate these mazes, state and federal courts deem their claims procedurally defaulted and refuse to consider those claims on their merits. As a result, systemic violations of criminal procedure rights—like the right to effective counsel—persist without judicial correction.
But the law contains a tool that, if properly adapted, could bring these systemic problems to the attention of federal courts: procedural adequacy. Procedural adequacy doctrine gives federal courts the power to ignore …