Law Commons^™

The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton

American University Law Review

No abstract provided.

The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton

American University Law Review

No abstract provided.

Recidivist Statutes As Arational Punishment, Markus Dirk Dubber

Buffalo Law Review

No abstract provided.

Petty Offenses, Serious Consequences: Multiple Petty Offenses And The Sixth Amendment Right To Jury Trial, Jeff E. Butler

Michigan Law Review

In Blanton v. City of North Las Vegas, the Supreme Court set forth the definitive standard for distinguishing petty offenses from serious crimes.7 The benchmark used by the Court is the maximum prison term assigned to each offense by the legislature. Where the penalty exceeds six months' imprisonment, the offense is serious enough to trigger the right to jury trial. Where the penalty is six months' imprisonment or less, there is a strong presumption that the offense is petty; therefore, a defendant accused of that offense has no Sixth Amendment right to jury trial.

This Note argues that a criminal …

True Lies: The Role Of Pretext Evidence Under Batson V. Kentucky In The Wake Of St. Mary's Honor Center V. Hicks, David A. Sutphen

Michigan Law Review

In the process of determining whether a peremptory strike is valid, lower courts rely on the TI.tie VII burden-shifting framework originally laid out by the Supreme Court in McDonnell Douglas Corp. v. Green As a result, the order and presentation of proof in Batson cases deliberately parallels the order and presentation of proof in TI.tie VII intentional discrimination suits. In light of this similarity, the Supreme Court's recent TI.tie VII ruling in St. Mary's Honor Center v. Hicks - that proof of pretext under the McDonnell Douglas framework is not the legal equivalent to proof of intentional discrimination - raises …

The Brady Bill: Surviving The Tenth Amendment, Amy M. Pepke

Vanderbilt Law Review

In late 1993, Congress passed the Brady Handgun Violence Prevention Act ("Brady Bill")' as an amendment to the Gun Control Act of 1968. By mid-1994, several suits had been initiated challenging the constitutionality of the Bill. Although the plaintiffs in each case brought several claims, the most viable and controversial challenge centers on the Tenth Amendment. Plaintiffs have argued that certain provisions of the Bill unconstitutionally commandeer state resources by imposing mandatory duties on the chief law enforcement officer ("CLEO") of the place of residence of the prospective gun purchaser. Supreme Court decisions on tenth amendment questions have been ambiguous …

Conflict Of The Criminal Statute Of Limitations With Lesser Offenses At Trial, Alan L. Adlestein

William & Mary Law Review

No abstract provided.

Florida's Capital Sentencing Jury Override: Whom Should We Trust To Make The Ultimate Ethical Judgment?, Latour Rey Lafferty

Florida State University Law Review

No abstract provided.

Dna Profiling In North Carolina, James Morgan

North Carolina Central Law Review

No abstract provided.

Serious Personal Injury Requirement For Rape Is Met By Mental Injury Alone - State V. Baker, Sharon P. Turner

North Carolina Central Law Review

No abstract provided.

Feminist Legal Scholarship On Rape: A Maturing Look At One Form Of Violence Against Women, Morrison Torrey

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Taking Capital Jurors Seriously, Craig Haney

Indiana Law Journal

Symposium: The Capital Jury Project

How Juries Decide Death: The Contributions Of The Capital Jury Project, Valerie P. Hans

Indiana Law Journal

Symposium: The Capital Jury Project

Should Juries And The Death Penalty Mix?: A Prediction About The Supreme Court's Answer, Christopher Slobogin

Indiana Law Journal

Symposium: The Capital Jury Project

The Capital Jury Project: The Role Of Responsibility And How Psychology Can Inform The Law, Steven J. Sherman

Indiana Law Journal

Symposium: The Capital Jury Project

Cross-Overs-Capital Jurors Who Change Their Minds About The Punishment: A Litmus Test For Sentencing Guidelines, Marla Sandys

Indiana Law Journal

Symposium: The Capital Jury Project

The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers

Indiana Law Journal

Symposium: The Capital Jury Project

Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann

Indiana Law Journal

Symposium: The Capital Jury Project

Violence, Representation, And Responsibility In Capital Trials: The View From The Jury, Austin Sarat

Indiana Law Journal

Symposium: The Capital Jury Project

Discretion In Capital Sentencing Instructions: Guided Or Misguided?, James Luginbuhl, Julie Howe

Indiana Law Journal

Symposium: The Capital Jury Project

The Death Penalty Dialogue Between Law And Social Science (Symposium Keynote Address), David C. Baldus

Indiana Law Journal

Symposium: The Capital Jury Project

Poorhouse Justice: Underfunded Indigent Defense Services And Arbitrary Death Sentences, Douglas W. Vick

Buffalo Law Review

No abstract provided.

Forced Displacement In The Former Yugoslavia: A Crime Under International Law?, Michael P. Roch

Penn State International Law Review

No abstract provided.

Pitfalls And Imperatives: Applying The Lessons Of Nuremberg To The Yugoslav War Crimes Trials, Kevin R. Chaney

Penn State International Law Review

No abstract provided.

You Have The Right To Be Silent ... Anything You Do Not Say May Be Used Against You. Is The Right To Silence In Great Britain Really A Protection?, Diane Beckman

Penn State International Law Review

No abstract provided.

The Mandatory Arrest Law: Police Reaction, Kevin Walsh

Pace Law Review

The mandatory arrest requirement in certain domestic violence situations is unique, due to the fact that no other class of offense requires arrest. The Criminal Procedure Law states that a police officer "may arrest" for all other classes of offenses. The new subdivision states that a police officer "shall arrest a person, and shall not attempt to reconcile the parties or mediate .... ." The use of the word "shall," in contrast to "may," indicates obligation or necessity. Why has this class of offenses been singled out for mandatory arrest? What factors brought this mandatory arrest law about?

Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss

Indiana Law Journal

No abstract provided.

Constitutional Criminal Procedure, Edward D. Lukemire, John Lynch

Mercer Law Review

This year's survey of Eleventh Circuit criminal cases is primarily a review of those decisions which involve significant constitutional issues. As in recent years, a substantial number of the court's decisions resulted from drug prosecutions. This is due to the increase in federal resources devoted to drug prosecutions and the substantially longer sentences which often result from a federal drug conviction as compared to a state conviction for the same offense. The court also decided a great many cases involving issued interpreting the Federal Sentencing Guidelines. Even though these cases do not usually involve constitutional issues, the authors decided to …

Good Sense And 21, Paul D. Carrington

Washington and Lee Law Review

No abstract provided.

Playing "21" With Narcotics Enforcement: A Response To Professor Carrington, Frank O. Bowman, Iii

Washington and Lee Law Review

No abstract provided.