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Full-Text Articles in Law

Juveniles In The Interrogation Room: Defense Attorneys As A Protective Factor, Caitlin N. August, Kelsey S. Henderson Dec 2020

Juveniles In The Interrogation Room: Defense Attorneys As A Protective Factor, Caitlin N. August, Kelsey S. Henderson

Criminology and Criminal Justice Faculty Publications and Presentations

Juveniles are more susceptible in the interrogation room than adults, due to a host of vulnerabilities that put them at risk. Scholars have suggested that requiring the presence of a defense attorney during interrogations can protect juveniles from making an unintelligent waiver; variations of this type of policy have been mandated in some states across the United States (e.g., Illinois and California). The current study takes an exploratory, qualitative approach to examine how defense attorneys may act as a protective factor in the interrogation room. We interviewed 19 juvenile defenders using a semi-structured interview method; questions focused on experiences in …


Neuroscience And Behavioral Genetics In Us Criminal Law: An Empirical Analysis, Nita A. Farahany Jan 2016

Neuroscience And Behavioral Genetics In Us Criminal Law: An Empirical Analysis, Nita A. Farahany

Faculty Scholarship

The goal of this study was to examine the growing use of neurological and behavioral genetic evidence by criminal defendants in US criminal law. Judicial opinions issued between 2005–12 that discussed the use of neuroscience or behavioral genetics by criminal defendants were identified, coded and analysed. Yet, criminal defendants are increasingly introducing such evidence to challenge defendants’ competency, the effectiveness of defense counsel at trial, and to mitigate punishment.


Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper Sep 2013

Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper

Ty Alper

No abstract provided.


Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg Mar 2013

Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg

Washington and Lee Law Review

No abstract provided.


Two Rights To Counsel, Josh Bowers Mar 2013

Two Rights To Counsel, Josh Bowers

Washington and Lee Law Review

No abstract provided.


Too Poor To Hire A Lawyer But Not Indigent: How States Use The Federal Poverty Guidelines To Deprive Defendants Of Their Sixth Amendment Right To Counsel, John P. Gross Mar 2013

Too Poor To Hire A Lawyer But Not Indigent: How States Use The Federal Poverty Guidelines To Deprive Defendants Of Their Sixth Amendment Right To Counsel, John P. Gross

Washington and Lee Law Review

No abstract provided.


Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples Mar 2013

Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples

Washington and Lee Law Review

No abstract provided.


Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan Mar 2013

Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan

Washington and Lee Law Review

No abstract provided.


Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas Mar 2013

Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas

Washington and Lee Law Review

No abstract provided.


Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith Mar 2013

Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith

Washington and Lee Law Review

No abstract provided.


Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper Mar 2013

Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper

Washington and Lee Law Review

No abstract provided.


Gideon Skepticism, Alexandra Natapoff Mar 2013

Gideon Skepticism, Alexandra Natapoff

Washington and Lee Law Review

The criminal defense lawyer occupies a special doctrinal place in criminal procedure. It is the primary structural guarantor of fairness, the single most important source of validation for individual convictions. Conversely, if a person did have a competent lawyer, it generates a set of presumptions that his trial was in fact fair, the evidence sufficient, and his plea knowing and voluntary. This is a highly problematic legal fiction. The presence of counsel advances but cannot guarantee fair trials and voluntary pleas. More fundamentally, a lawyer in an individual case will often be powerless to address a wide variety of systemic …


Validating The Right To Counsel, Brandon L. Garrett Mar 2013

Validating The Right To Counsel, Brandon L. Garrett

Washington and Lee Law Review

No abstract provided.


The Problem With Misdemeanor Representation, Erica Hashimoto Mar 2013

The Problem With Misdemeanor Representation, Erica Hashimoto

Washington and Lee Law Review

No abstract provided.


Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps Mar 2013

Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps

Washington and Lee Law Review

No abstract provided.


Crashing The Misdemeanor System, Jenny Roberts Mar 2013

Crashing The Misdemeanor System, Jenny Roberts

Washington and Lee Law Review

No abstract provided.


Unstoppable V. Unwaivable, Steven Benjamin Mar 2013

Unstoppable V. Unwaivable, Steven Benjamin

Washington and Lee Law Review

No abstract provided.


“Potential Innocence”: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller Mar 2013

“Potential Innocence”: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller

Washington and Lee Law Review

No abstract provided.


Lamentations, Celebrations, And Innovations: Gideon At 50, John D. King Mar 2013

Lamentations, Celebrations, And Innovations: Gideon At 50, John D. King

Washington and Lee Law Review

No abstract provided.


Anger And Intent For Murder: The Supreme Court Decisions In R. V. Parent, Joanne Klineberg Jan 2003

Anger And Intent For Murder: The Supreme Court Decisions In R. V. Parent, Joanne Klineberg

Osgoode Hall Law Journal

In R v. Parent, the Supreme Court of Canada recently held that intense anger alone is not, of itself, a defence to murder, although anger does play a role in reducing murder to manslaughter in connection with the defence of provocation. The Court's brief decision ignores twenty years of contrary jurisprudence and fails to provide detailed reasons for its conclusion, resulting in uncertainty about the scope and application of the decision. In this article, the author explores the relationship between anger and intent for murder, and outlines some possible arguments the Court could have relied on that would have provided …


Defending, Michael E. Tigar Jan 1995

Defending, Michael E. Tigar

Faculty Scholarship

No abstract provided.