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Full-Text Articles in Law
Judicial Interference With Effective Advocacy By The Defense, Bennett L. Gershman
Judicial Interference With Effective Advocacy By The Defense, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
A fundamental premise of the American criminal justice system is defense counsel's zealous professional advocacy. Representation of a criminal defendant to be effective must be vigorous. In administering a trial, judges have a duty to ensure a fair and orderly proceeding. On occasion, however, judges overstep the line and impede defense counsel's advocacy functions unfairly. This article describes some of the ways that trial judges may violate legal and ethical standards by improperly interfering with defense counsel's courtroom functions.
Who Executes The Executioner? Impeachment, Indictment And Other Alternatives To Assassination, Jay S. Bybee
Who Executes The Executioner? Impeachment, Indictment And Other Alternatives To Assassination, Jay S. Bybee
Scholarly Works
This article addresses whether the Constitution protects a sitting President from indictment. The text of the Constitution is not clear on this question as it might be, but it is clear enough. No court has ever addressed the question of the President’s amenability to criminal charges, although the courts have considered the related question of whether federal judges can be subjected to criminal charges. Those courts have answered that judges and other officials are subject to criminal prosecution while in office. Congress has implicitly approved this conclusion in its passage of the Ethics in Government Act with its provision for …
An American Prosecutor's View Of Romanian Criminal Justice, James A. Goldston
An American Prosecutor's View Of Romanian Criminal Justice, James A. Goldston
Touro Law Review
No abstract provided.