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- Criminal Procedure (4)
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Articles 1 - 7 of 7
Full-Text Articles in Law
Shadowing The Flag: Extending The Habeas Writ Beyond Guantanamo, Dawinder S. Sidhu
Shadowing The Flag: Extending The Habeas Writ Beyond Guantanamo, Dawinder S. Sidhu
William & Mary Bill of Rights Journal
The writ of habeas corpus activates courts’ duty to check arbitrary or unlawful restraints by the Executive on individual liberty. In times of war, courts have been compelled to determine whether the writ is available to individuals held by the Executive outside of the territorial boundaries of the United States. In Johnson v. Eisentrager, in which World War II detainees were held in Germany, the Supreme Court answered in the negative, while in Boumediene v. Bush, involving post–9/11 detainees housedat Guantánamo, the Court reached the opposite conclusion. Operating within these two guideposts, the U.S. Court of Appeals for the District …
Bargaining Inside The Black Box, Allison Orr Larsen
Bargaining Inside The Black Box, Allison Orr Larsen
Faculty Publications
When jurors are presented with a menu of criminal verdict options and they cannot reach a consensus among them, what should they do? Available evidence suggests they are prone to compromise—that is, jurors will negotiate with each other and settle on a verdict in the middle, often on a lesser-included offense. The suggestion that jurors compromise is not new; it is supported by empirical evidence, well-accepted by courts and commentators, and unsurprising given the pressure jurors feel to reach agreement and the different individual views they likely hold. There are, however, some who say intrajury negotiation represents a failure of …
Particularism, Telishment, And Three Strikes Laws, Michael S. Green
Particularism, Telishment, And Three Strikes Laws, Michael S. Green
Popular Media
No abstract provided.
Reading, Writing, And Interrogating: Providing Miranda Warnings To Students In Schoolhouse Interrogations, Stephanie Gaylord Forbes
Reading, Writing, And Interrogating: Providing Miranda Warnings To Students In Schoolhouse Interrogations, Stephanie Gaylord Forbes
Student Award Winning Papers
No abstract provided.
"Fact-Finding Without Facts": A Conversation With Nancy Combs, Nancy Amoury Combs
"Fact-Finding Without Facts": A Conversation With Nancy Combs, Nancy Amoury Combs
Faculty Publications
No abstract provided.
Deciding When To Decide: How Appellate Procedure Distributes The Costs Of Legal Change, Aaron-Andrew P. Bruhl
Deciding When To Decide: How Appellate Procedure Distributes The Costs Of Legal Change, Aaron-Andrew P. Bruhl
Faculty Publications
Legal change is a fact of life, and the need to deal with it has spawned a number of complicated bodies of doctrine. Some aspects of the problem of legal change have been studied extensively, such as doctrines concerning the retroactivity of new law and the question whether inferior courts can anticipatorily overrule a moribund superior court precedent. How such questions are answered affects the size and the distribution of the costs of legal change. Less appreciated is the way that heretofore almost invisible matters of appellate procedure and case handling also allocate the costs of legal transitions. In particular, …
The State (Never) Rests: How Excessive Prosecutor Caseloads Harm Criminal Defendants, Adam M. Gershowitz, Laura R. Killinger
The State (Never) Rests: How Excessive Prosecutor Caseloads Harm Criminal Defendants, Adam M. Gershowitz, Laura R. Killinger
Faculty Publications
No abstract provided.