Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Law

Evidence Issues In Domestic Violence Civil Cases, Jane H. Aiken, Jane C. Murphy Jan 2000

Evidence Issues In Domestic Violence Civil Cases, Jane H. Aiken, Jane C. Murphy

Georgetown Law Faculty Publications and Other Works

This article is intended to assist practitioners in anticipating and responding to some of the evidentiary challenges in civil cases in which relief is sought for the victims of domestic violence. First, expert testimony is often necessary to dispel common myths about battered women and to educate judges and juries about the dynamics of domestic violence. Recent case law, however, has limited the admissibility of "non-scientific" expert testimony and may make it difficult for practitioners to use experts in their cases. In addition, particular evidentiary issues arise when victims are pursuing both criminal and civil remedies against the batterer. This …


Defending The Innocent, Abbe Smith Jan 2000

Defending The Innocent, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Of the legal scholarship examining the representation of the innocent accused, most has to do with guilty pleas, not trial or post-trial advocacy. Most of this literature is concerned with the pressure put on innocent defendants to plead guilty in order to receive a more lenient sentence than what they would get if found guilty at trial. This problem is compounded by the inability of poor defendants to make bail. Unfortunately, there are other, equally insidious ways to pressure innocent defendants to plead guilty. When addressing the question of defending the innocent at trial or in a post-conviction challenge, most …


The "Normal" Successes And Failures Of Feminism And The Criminal Law, Victoria Nourse Jan 2000

The "Normal" Successes And Failures Of Feminism And The Criminal Law, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

To write of feminist reform in the criminal law is to write of simultaneous success and failure. We have seen marked changes in the doctrines and the practice of rape law, domestic violence law, and the law of self-defense. There is not a criminal law casebook in America today, nor a state statute book, that does not tell this story. Yet for all of this success, we also live in a world in which reform seems to suffer routine failures. Many believe, for example, that feminist reforms have rid rape law of the resistance requirement; however, recent scholarship makes it …


Defending Defending: The Case For Unmitigated Zeal On Behalf Of People Who Do Terrible Things, Abbe Smith Jan 2000

Defending Defending: The Case For Unmitigated Zeal On Behalf Of People Who Do Terrible Things, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Although defending defending may be an endless pursuit, I cannot help taking it on. I am, after all, a defender myself, and defending fellow defenders seems to go with the territory. Of course, attacks on criminal defenders do not come out of nowhere - difficult and complex questions often arise in criminal defense work. Unfortunately, the questions that are raised in the aftermath of a high profile case such as the Abner Louima case are usually the easy ones - questions that have more to do with the nature of the adversarial system than with the values or ethics of …


Economic Incentives In Representing Publicly-Funded Criminal Defendants In England's Crown Court, Peter W. Tague Jan 2000

Economic Incentives In Representing Publicly-Funded Criminal Defendants In England's Crown Court, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

The flux now engulfing the way in which the defenders of indigent criminal defendants are compensated in England's Crown Court provides a sober lesson for U.S. lawyers. Once, U.S. lawyers, who themselves are appointed to represent indigent defendants, could have cited English practice to support a hefty increase in the meager compensation they receive in many jurisdictions. For in balancing the tension between encouraging effective representation, but at bearable social cost, U.S. jurisdictions stress the latter, all but ignoring the former. The English approach, by contrast, has paid generously, at least in serious cases, thereby implicitly recognizing that defenders could …


Race, Class And Criminal Prosecutions: The Supreme Court’S Role In Targeting Minorities, David Cole Jan 2000

Race, Class And Criminal Prosecutions: The Supreme Court’S Role In Targeting Minorities, David Cole

Georgetown Law Faculty Publications and Other Works

In No Equal Justice, I examine the ways in which race and class disparities have an effect at each stage of the criminal justice system. Much of the disparity concerns discriminatory police practices. My argument is that the Supreme Court, and our society, have constructed a set of rules that virtually ensure there will be racially disparate prosecution of the criminal law by the police. The way the Court has done that, I suggest, is by creating pockets of discretion that police can use without having to identify any objective, individualized basis for suspicion. When the police are free to …


Ensuring Able Representation For Publicly-Funded Criminal Defendants: Lessons From England, Peter W. Tague Jan 2000

Ensuring Able Representation For Publicly-Funded Criminal Defendants: Lessons From England, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

While there are skilled private defense lawyers who enthusiastically represent indigent criminal defendants, too often defense lawyers whose income depends upon appointments provide deplorable representation. The problem is well known and pervasive. In addition to the blizzard of claims on appeal of ineffective representation, defenders' efforts have been savaged by judges and by fellow lawyers. These nagging problems persist: to induce private lawyers to represent their clients effectively by eliciting the defendant's story and managing their relationship in a way that at least does not displease the defendant; investigating his and the prosecution's positions; pressing the prosecution for discovery, for …