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The Marriage Of State Law And Individual Rights And A New Limit On The Federal Death Penalty, Jonathan Ross
The Marriage Of State Law And Individual Rights And A New Limit On The Federal Death Penalty, Jonathan Ross
Cleveland State Law Review
Since the 1990s, federal prosecutors have, with increasing frequency, sought the death penalty for federal offenses committed in and also punishable under the laws of non-death penalty states. Critics of this practice have pointed out that federal prosecutors can use the federal death penalty to circumvent a state's abolition of capital punishment. Courts, however, have almost unanimously rejected arguments that state law should be a shield from federal punishment for federal offenses. This article proposes a novel way to challenge the federal death penalty's use in a non-death penalty state—the Supreme Court's reasoning in United States v. Windsor. In Windsor, …
Impeaching A Defendant's Testimony By Proof Of Post-Arrest Silence: Doyle V. Ohio, F. Ronald O'Keefe
Impeaching A Defendant's Testimony By Proof Of Post-Arrest Silence: Doyle V. Ohio, F. Ronald O'Keefe
Cleveland State Law Review
This Note will attempt to outline the genesis of the issue of impeachment by post-arrest silence by first discussing the various inquiries into the probative value of silence which had been undertaken by courts on the federal level before Hale (United States v. Hale, 422 U.S. 171 (1975)) . The focus will then shift to the Hale Court's treatment of this issue. The constitutional aspects of the issue will then be discussed, and the pronouncement of the Doyle Court (Doyle v. Ohio, 96 S. Ct. 2240 (1976)) will be analyzed with an emphasis on the continuity between the Hale and …
Juvenile Delinquent And Unruly Proceedings In Ohio: Unconstitutional Adjudications, Patricia Simia Kleri
Juvenile Delinquent And Unruly Proceedings In Ohio: Unconstitutional Adjudications, Patricia Simia Kleri
Cleveland State Law Review
This article will focus on the constitutional defects of juvenile court adjudications under Ohio juvenile law. The arguments presented, however, are equally applicable in other jurisdictions since every state has some type of legislation granting juvenile court jurisdiction over both criminals and noncriminal misconduct of children.
Right To Counsel In Criminal Cases, Edward T. Haggins
Right To Counsel In Criminal Cases, Edward T. Haggins
Cleveland State Law Review
"The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law... He requires the guiding hand of counsel at every step of the proceedings against him." These words, written in 1932 by Mr. Justice Sutherland for the majority in the famous case of Powell v. Alabama underline the fundamental right of a defendant in American criminal proceeding to have the assistance of counsel.