Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication
- Publication Type
Articles 1 - 15 of 15
Full-Text Articles in Law
Common Law Evidence And The Common Law Of Human Rights: Towards A Harmonic Convergence?, John D. Jackson
Common Law Evidence And The Common Law Of Human Rights: Towards A Harmonic Convergence?, John D. Jackson
William & Mary Bill of Rights Journal
This Article considers the impact which European Human Rights Law has made upon the common law rules of evidence with reference to the approach the European Court of Human Rights (ECtHR) has adopted towards exclusionary rules of evidence. Particular attention will be given to rules that have been developed by the ECtHR in relation to the right to counsel during police questioning (the so-called “Salduz” doctrine) and the right to examine witnesses (the so-called “sole or decisive” evidence rule). The Article argues that the effect of these rules has encouraged common law judges to engage more holistically with the effect …
The United States Supreme Court (Mostly) Gives Up Its Review Role With Ineffective Assistance Of Counsel Cases, Paul Marcus
The United States Supreme Court (Mostly) Gives Up Its Review Role With Ineffective Assistance Of Counsel Cases, Paul Marcus
Faculty Publications
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.
Statewide Capital Punishment: The Case For Eliminating Counties’ Role In The Death Penalty, Adam M. Gershowitz
Statewide Capital Punishment: The Case For Eliminating Counties’ Role In The Death Penalty, Adam M. Gershowitz
Faculty Publications
No abstract provided.
The Price Of Misdemeanor Representation, Erica J. Hashimoto
The Price Of Misdemeanor Representation, Erica J. Hashimoto
William & Mary Law Review
Nobody disputes either the reality of excessive caseloads in indigent defense systems or their negative effects. More than forty years after Gideon v. Wainwright, however, few seem willing to accept that additional resources will not magically appear to solve the problem. Rather, concerned observers demand more funds while state and local legislators resist those entreaties in the face of political resistance and pressures to balance government budgets. Recognizing that indigent defense systems must operate in a world of limited resources, states should reduce the number of cases streaming into those systems by significantly curtailing the appointment of counsel in low-level …
Reaffirming The Right To Pretrial Assistance: The Surprising Little Case Of Fellers V. United States, James K. Tomkovicz
Reaffirming The Right To Pretrial Assistance: The Surprising Little Case Of Fellers V. United States, James K. Tomkovicz
William & Mary Bill of Rights Journal
No abstract provided.
The Invisible Pillar Of Gideon, Adam M. Gershowitz
The Invisible Pillar Of Gideon, Adam M. Gershowitz
Faculty Publications
In 1996, the State of South Carolina charged Larry McVay with common-law robbery. McVay, who was employed part-time and took home less than $160 per week after taxes, claimed that after paying his basic living expenses he had no money left with which to hire an attorney. A South Carolina court disagreed and denied McVay’s request for appointed counsel. Seven years later, Scott Peterson was arrested for the murder of his wife and unborn child in California. Although Peterson owned a home, drove an expensive SUV, and was carrying $10,000 in cash when he was captured, he claimed to be …
A Decade Of Strickland's Tin Horn: Doctrinal And Practical Undermining Of The Right To Counsel, William S. Geimer
A Decade Of Strickland's Tin Horn: Doctrinal And Practical Undermining Of The Right To Counsel, William S. Geimer
William & Mary Bill of Rights Journal
No abstract provided.
The Presentence Interview And The Right To Counsel: A Critical Stage Under The Federal Sentencing Structure, Megan E. Burns
The Presentence Interview And The Right To Counsel: A Critical Stage Under The Federal Sentencing Structure, Megan E. Burns
William & Mary Law Review
No abstract provided.
Miranda Decision Revisited: Did It Give Criminals Too Many Rights?, Paul Marcus, Stephen J. Markman
Miranda Decision Revisited: Did It Give Criminals Too Many Rights?, Paul Marcus, Stephen J. Markman
Faculty Publications
No abstract provided.
"Some Kind Of Hearing" In England, Charles H. Koch Jr.
"Some Kind Of Hearing" In England, Charles H. Koch Jr.
William & Mary Law Review
No abstract provided.
United States V. Brown: Implementing Massiah
United States V. Brown: Implementing Massiah
William & Mary Law Review
No abstract provided.
Criminal Law: Implementing The Obligation Of Advocacy In Review Of Criminal Convictions, Larry I. Palmer
Criminal Law: Implementing The Obligation Of Advocacy In Review Of Criminal Convictions, Larry I. Palmer
Faculty Publications
No abstract provided.
Can We Afford To Provide Trial Counsel For The Indigent In Misdemeanor Cases?, Junius L. Allison, Jack L. Phelps
Can We Afford To Provide Trial Counsel For The Indigent In Misdemeanor Cases?, Junius L. Allison, Jack L. Phelps
William & Mary Law Review
No abstract provided.
Book Review Of Preludes To Gideon, George D. Horning Jr.
Book Review Of Preludes To Gideon, George D. Horning Jr.
William & Mary Law Review
No abstract provided.