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Articles 1 - 9 of 9
Full-Text Articles in Law
Crawford's Last Stand? What Melendez-Diaz V. Massachusetts Means For The Confrontation Clause And For Criminal Trials, Elizabeth Stevens
Crawford's Last Stand? What Melendez-Diaz V. Massachusetts Means For The Confrontation Clause And For Criminal Trials, Elizabeth Stevens
ConLawNOW
The Supreme Court’s recent decision in Melendez-Diaz v. Massachusetts heralds a dramatic change for Confrontation Clause jurisprudence and for most criminal trials. Crawford v. Washington held that “testimonial” statements were admissible only if the accused had a prior opportunity to cross-examine the witness. Melendez-Diaz applied this rule to forensic evidence, holding that certificates of analysis – used in a drug trail to prove the nature and weight of the proscribed substances, and sworn to and signed by the analysts who performed the tests – are testimonial.
This article analyzes Melendez-Diaz’s implications for the Court’s Confrontation Clause jurisprudence and for the …
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Edmonson V. Leesville Concrete Company: Pre-Empting Prejudice, Andrea K. Huston
Edmonson V. Leesville Concrete Company: Pre-Empting Prejudice, Andrea K. Huston
Akron Law Review
In Edmonson v. Leesville Concrete Co., the United States Supreme Court decided the issue of whether parties in a civil case may use their peremptory challenges to exclude black venirepersons from the jury.
This Note will discuss the various limitations that courts have placed on the use of peremptory challenges, and the position of the Supreme Court. This Note will also discuss the Court's expansion of the state action doctrine, and the impact Edmonson will have on future cases.
An Analysis Of The Legality Of Television Cameras Broadcasting Juror Deliberations In A Criminal Case, Daniel H. Erskine Esq.
An Analysis Of The Legality Of Television Cameras Broadcasting Juror Deliberations In A Criminal Case, Daniel H. Erskine Esq.
Akron Law Review
This work sets out the constitutional, statutory, and common law applicable to television’s intrusion into the jury room. The first section addresses federal constitutional considerations focusing on Article III Section 2, the Sixth Amendment, and the First Amendment. The second section analyzes certain federal rules and particular statutes applicable to televising federal judicial proceedings, as well as the rationale behind their enactment. Finally, the third section discusses comparative approaches addressing television’s intrusion into the courtroom, particularly focusing on recent jurisprudence from the European Court of Human Rights and the Scottish Court of Session.
Examining Crack Cocaine Sentencing In A Post-Kimbrough World, Michael B. Cassidy
Examining Crack Cocaine Sentencing In A Post-Kimbrough World, Michael B. Cassidy
Akron Law Review
This article examines Kimbrough’s effect on crack cocaine sentencing. Part I discusses the rise of crack cocaine use in the United States during the 1980s. Part II provides a short history on modern federal sentencing, including the Sentencing Reform Act, the Commission’s Guidelines, and its reports to Congress concerning the 100-to-1 ratio. Part III examines the Supreme Court’s recent Sixth Amendment jurisprudence through its seminal cases, Apprendi and Blakely. In Part IV, this article analyzes the Court’s Booker holding as well as Kimbrough and Gall v. United States, two cases that clarified Booker and its application to crack cocaine cases. …
Following Orders: Campbell V. United States, The Waiver Of Appellate Rights, And The Duty Of Counsel, Jacob Szewczyk
Following Orders: Campbell V. United States, The Waiver Of Appellate Rights, And The Duty Of Counsel, Jacob Szewczyk
Catholic University Law Review
In the 1984 case of Strickland v. Washington, the Supreme Court announced a two-pronged test to analyze whether a criminal defendant has received ineffective assistance of counsel. Since the rule was announced, the Court has expanded Strickland’s scope to apply to analyze counsel’s review at different stages of the criminal proceeding. This Comment addresses one issue that has remained unanswered by the Supreme Court: whether counsel’s failure to file a notice of appeal, after a defendant has waived his right to appeal through a plea bargain, constitutes ineffective assistance of counsel. This Comment discusses the circuit split that …
Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro
Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro
Touro Law Review
No abstract provided.
Democracy Enhancement And The Sixth Amendment Right To Choose, Janet Moore
Democracy Enhancement And The Sixth Amendment Right To Choose, Janet Moore
Janet Moore
A democracy deficit undermines the legitimacy of criminal justice systems. People enmeshed in these systems are disproportionately poor people and people of color with little voice in creating or implementing the governing law. A stark example is the Sixth Amendment right to choose a lawyer. This understudied and undertheorized right is protected for criminal defendants who can afford to hire counsel. Yet according to Supreme Court dicta and rulings by other courts across the country, poor people “have no right to choose” their lawyers. This Article argues that the Sixth Amendment right to choose should apply to the overwhelming majority …
The Perilous Psychology Of Public Defending, Scott Howe
The Perilous Psychology Of Public Defending, Scott Howe
Scott W. Howe
This article examining the ethical challenges confronting most public defender attorneys is framed as a fictional talk presented by P.D. Atty, a former public defender attorney, at a small conference of new public defender attorneys. The presentation asserts that public defenders typically face psychological obstacles to providing zealous advocacy for all of their clients and that an essential aspect of the remedy starts with recognition of these psychological barriers. The author contends that these challenges relate to a typically unacknowledged aversion to representing certain kinds of criminal defendants. Contrary to common supposition, the strongest aversion is not to representation of …