Law Commons^™

Hung Out To Try: A Rule 29 Revision To Stop Hung Jury Retrials, Elijah N. Gelman

Northwestern University Law Review

How many times can a defendant be retried? For those facing hung jury retrials, it’s as many times as the government pleases. Double jeopardy prohibitions do not apply when juries fail to reach a verdict.

There is, theoretically, a built-in procedural solution to stop the government from endlessly retrying defendants. Rule 29 of the Federal Rules of Criminal Procedure allows judges to acquit defendants when “the evidence is insufficient to sustain a conviction.” Considering that a hung jury indicates the jurors could not agree on the sufficiency of the evidence, defendants facing hung jury retrials are prime candidates for this …

Can't We Just Talk About This First?: Making The Case For The Use Of Discovery Depositions In Arkansas Criminal Cases, Bryan Altman

Arkansas Law Review

“[T]he quest for better justice is a ceaseless quest, that the single constant for our profession is the need for continuous examination and reexamination of our premises as to what law should do to achieve better justice.” From time to time, it is important that we take stock of our legal surroundings and ask ourselves if our procedures are still properly serving us, or if there is need for change and improvement. In this Article, I argue that the time has come for Arkansas to provide the criminal defense bar with the affirmative power to conduct discovery depositions. Arkansas criminal …

An Inestimable Safeguard Gives Way To Practicality: Eliminating The Juror Who ""Refuses To Deliberate" Under Federal Rule Of Criminal Procedure 23(B)(3), Jeffrey Bellin

Jeffrey Bellin

No abstract provided.

Incarcerating The Accused: Reforming Bail For The Pretrial Detention Of Juveniles And Youths Aged Eighteen To Twenty-One, Leigha A. Weiss

Journal of Civil Rights and Economic Development

(Excerpt)

This note addresses the injustice of pretrial detention on juveniles, minors, and youths aged eighteen to twenty-one, in New York State. This note will address juveniles, aged eighteen to twenty-one, who are subject to criminal proceedings in adult criminal court and incarceration in adult criminal facilities as well as juveniles or minors below the age of criminal responsibility who are subject to juvenile delinquency proceedings and incarceration in juvenile detention facilities. So many youths are in unnecessary detentions under horrific conditions in adults and juvenile correctional facilities across the country. Serious bail reform is long overdue to provide humane …

“New Judgment” And The Federal Habeas Statutes, Thomas V. Burch

Scholarly Works

Prisoners love to file habeas petitions. Maybe a little too much. That is why Congress drafted the federal habeas statutes to preclude prisoners from filing “second or successive” petitions attacking their judgments. This essay explains the shortcomings of how some courts have assessed that meaning, and it proposes a straightforward test for determining when a new judgment exists.

Seize First, Search Later: The Hunt For Digital Evidence, Paige Bartholomew

Touro Law Review

No abstract provided.

Double Jeopardy Violations As "Plain Error" Under Federal Rule Of Criminal Procedure 52(B), Gabriel J. Chin

Pepperdine Law Review

No abstract provided.

When A Company Confesses, Christopher Jackson

Michigan Law Review

Under the Federal Rules of Criminal Procedure, a defendant is normally obligated to attend all of the proceedings against her. However Rule 43(b)(2) carves out an exception for organizational defendants, stating that they "need not be present" if represented by an attorney. But on its face, the language of 43(b)(2) is ambiguous: is it the defendant or the judge who has the discretion to decide whether the defendant appears? That is, may a judge compel the presence of an organizational defendant? This Note addresses the ambiguity in the context of the plea colloquy, considering the text of several of the …

An Inestimable Safeguard Gives Way To Practicality: Eliminating The Juror Who ""Refuses To Deliberate" Under Federal Rule Of Criminal Procedure 23(B)(3), Jeffrey Bellin

Faculty Publications

No abstract provided.

Acting Without "Just Cause": An Analysis Of The Ninth Circuit's Decision In United States V. Symington, James R. Coltharp Jr.

Kentucky Law Journal

No abstract provided.

An Analysis Of Rule 11 Plea Bargain Options, S. Crincoli (Sigman)

Scholarly Works

No abstract provided.

Reforming The Criminal Trial, Craig M. Bradley

Indiana Law Journal

No abstract provided.

The Road Not Taken: Criminal Contempt Sanctions And Grand Jury Press Leaks, James W. Fox Jr.

University of Michigan Journal of Law Reform

This Note examines the appropriate judicial responses to such news stories, focusing on the options available to counsel for the target of a grand jury investigation who is affected by the leaked information. Part I explains why dismissal and quashing are extremely difficult remedies to obtain, why internal investigations by the government are inadequate, and why, therefore, contempt sanctions are presently the most viable legal response to such leaks. Part II describes the general contours of both criminal and civil contempt actions and reviews specific applications of civil contempt actions in grand jury leak cases. Part III questions the functional …

State Ethics Rules And Federal Prosecutors: The Controversies Over The Anti-Contact And Subpoena Rules, Roger C. Cramton, Lisa K. Udell

Cornell Law Faculty Publications

No abstract provided.

Extending The Self-Incrimination Clause To Persons In Fear Of Foreign Prosecution, Bret A. Fausett

Vanderbilt Journal of Transnational Law

This Note will examine the rationale, policies, and history behind the self-incrimination clause and will demonstrate the privilege's importance as an individual right and as a check on police power. Only by exploring the purposes and policies behind the privilege--an approach condoned by the Supreme Court--is one able to formulate the best answer to whether the self-incrimination clause extends to persons in fear of foreign prosecution. An understanding of what the privilege is supposed to protect will lead to a better understanding of the scope of this important constitutional guarantee. This Note will then focus on recent cases in which …

18 U.S.C. § 3501 And The Admissibility Of Confessions Obtained During Unnecessary Prearraignment Delay, Matthew W. Frank

Michigan Law Review

Part I thus argues that the admissibility of post-sixth-hour confessions is governed by Mallory, under which a voluntary confession is inadmissible if, but only if, it follows a period of unnecessary delay. Part II addresses a possible objection to this conclusion - namely, that, with limited exceptions, subsection 350l(c) renders all post-sixth hour confessions inadmissible without regard to the reasonableness of the prearraignment delay. This interpretation is derived by negative implication from the proviso in subsection 350l(c) and would require courts to suppress confessions even though there has been no unnecessary delay, and even though the confessions would be …

Interlocutory Appeal Of Preindictment Suppression Motions Under Rule 41 ( E ), Clifford A. Godiner

Michigan Law Review

This Note argues that preindictment rulings denying 41(e) motions are not immediately appealable. Part I discusses decisions that mandate dismissal of such appeals for want of jurisdiction. Part II examines the policy rationales behind these precedents. Finally, Part III argues that an adequate remedy exists outside of rule 41(e), rendering immediate appellate review of rulings on 41(e) motions unnecessary.

The Federal Rules Of Criminal Procedure, James Boyd White

Book Chapters

After the Federal Rules of Civil Procedure (1938) established a uniform set of procedures for the trial of civil cases in federal courts, Congress authorized the supreme court to make rules for the trial of federal criminal cases as well. With two Justices dissenting, the Supreme Court adopted the rules in 1944 and submitted them to Congress, which, by silence, approved them.

I Cannot Tell A Lie: The Standard For New Trial In False Testimony Cases, Daniel Wolf

Michigan Law Review

This Note examines the question of what standard should be used for granting a new trial when a defendant's conviction is alleged to have been based, at least in part, on false testimony. Part I demonstrates the failure of the existing standards to strike a satisfactory balance between defendants' rights and the efficient administration of the criminal justice system. Part II argues that motions for retrial based upon false testimony should be governed by a standard drawn not only from newly discovered evidence cases generally, but also from cases involving prosecutorial misconduct. Finally, Part III suggests that the proper test …

The Use Of Suppression Hearing Testimony To Impeach, Morgan G. Graham

Indiana Law Journal

No abstract provided.

Government Compensation For The Costs Of Producting Subpoenaed Documents: A Proposal For Legislative Reform, Norman Gross

University of Michigan Journal of Law Reform

Current statutory and case law provide for the compensation of select categories of persons and entities that provide evidence to the federal government. This compensation scheme is inequitable insofar as it treats similarly situated persons and entities dissimilarly. This Note advocates the adoption of a blanket statutory provision to compensate all third party custodians for incurred costs in producing documents in compliance with a subpoena duces tecum issued on behalf of a federal authority. Part I describes the current federal reimbursement scheme. Part II examines the inequities that the current statutory scheme imposes upon similarly situated entities and argues for …

Amendments To The Federal Rules Of Criminal Procedure, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Numerous changes in the rules governing criminal trials in federal court have been in effect for four months. Some are major and some are minor, but they should be studied carefully by lawyers handling criminal cases. Amendments have been made to:

Discovery And The Privacy Act: Exemption (B)(11) To The Conditions Of Disclosure: What Qualifies As An "Order Of The Court"?, John W. Williams

University of Richmond Law Review

On December 31, 1974, President Gerald Ford signed the landmark Privacy Act of 1974 into law. One of the key concepts of the Act is the principle of disclosure limitation, which limits the ability of the federal government to disclose the contents of per- sonal records in its possession. In the words of the Senate Governmental Operations Committee, this principle "is designed to pre- vent.., the wrongful disclosure and use of personal files held by Federal agencies."

Filling In The Gaps Of Virginia Bail Reform, R. Bryan Hatchett

University of Richmond Law Review

The 1960's and early 1970's witnessed an unprecedented reform of the bail laws of this country. The reform has made it possible for a greater percentage of criminal defendants to be released before trial thereby avoiding the stigma and considerable prejudice flowing from incarceration. Even though the reform has also produced a modest increase in the number of persons who fail to appear for trial, on balance critical response to the reform has been favorable.

Constitutional Law - Due Process Clause - Where New Prosecution Is Initiated For Additional Criminal Activity Not Specified In An Original Indictment, Actual Vindictiveness Is The Proper Standard To Determine Whether Such Prosecutorial Conduct Is Constitutionally Permissible, Peter R. Kahana

Villanova Law Review

No abstract provided.

Criminal Law - Ineffective Assistance Of Counsel - Burden On Defendant To Demonstrate That Serious Incompetency, Falling Measurably Below The Performance Ordinarily Expected Of Fallible Lawyers, Was Likely To Have Affected The Outcome Of Trial, Clifford H. Lange

Villanova Law Review

No abstract provided.

The United States Sentencing Commission: A Constitutional Delegation Of Congressional Power, William C. Potter Ii

Indiana Law Journal

No abstract provided.

Privacy And The Presentence Report, William P. Mclauchlan

Indiana Law Journal

No abstract provided.

Criminal Law - Federal Rule Of Criminal Procedure 41 Authorizes Electronic Intrusions If Probable Cause Established, All Writs Act Provides For An Order To A Third Party Commpelling Aid In Criminal Enforcement Proceeding If Third Party Could Otherwise Frustrate Administration Of Justice, Nina M. Gussack

Villanova Law Review

No abstract provided.

Williams V. State, 316 So. 2d 267 (Fla. 1975), Richard W. Epstein

Florida State University Law Review

Criminal Law- GUILTY PLEAS- FACTUAL BASIS DETERMINATION NOT MANDATORY WHEN A COURT ACCEPTS A PLEA OF GUILTY OR NOLO CONTENDERE.