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Articles 1 - 19 of 19
Full-Text Articles in Law
The Demographic Dilemma In Death Qualification Of Capital Jurors, J. Thomas Sullivan
The Demographic Dilemma In Death Qualification Of Capital Jurors, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Presumed Guilty, Terrence Cain
Presumed Guilty, Terrence Cain
Faculty Scholarship
It would probably surprise the average American to learn that prosecutors need only prove guilt beyond a reasonable doubt sometimes. Although the Due Process Clauses of the Constitution require that the government prove each element of an alleged criminal offense beyond a reasonable doubt, the use of statutory presumptions has relieved the government of this responsibility, and in some cases, has even shifted the burden to the defendant to disprove the presumption. Likewise, the Sixth Amendment grants a criminal defendant the right to have the jury and the jury alone determine whether the government has met its burden and ultimately …
Furman, After Four Decades, J. Thomas Sullivan
Furman, After Four Decades, J. Thomas Sullivan
Faculty Scholarship
Problems of racial discrimination in the imposition of capital sentences, disclosure of misconduct by prosecutors and police, inconsistency in the quality of defense afforded capital defendants, exoneration of death row inmates due to newly available DNA testing, and, most recently, controversies surrounding the potential for cruelty in the execution process itself continue to complicate views about the morality, legality, and practicality of reliance on capital punishment to address even the most heinous of homicide offenses. Despite repeated efforts by the Supreme Court to craft a capital sentencing framework that ensures that death sentences be imposed fairly in light of the …
Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan
Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Brady-Based Prosecutorial Misconduct Claims, Buckley, And The Arkansas Coram Nobis Remedy, J. Thomas Sullivan
Brady-Based Prosecutorial Misconduct Claims, Buckley, And The Arkansas Coram Nobis Remedy, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Lethal Discrimination, J. Thomas Sullivan
Developing A State Constitutional Law Strategy In New Mexico Criminal Prosecutions, J. Thomas Sullivan
Developing A State Constitutional Law Strategy In New Mexico Criminal Prosecutions, J. Thomas Sullivan
Faculty Scholarship
This article includes a review of the process by which the New Mexico courts have developed an independent state constitutional jurisprudence reflecting more expansive protections of individual rights than those afforded by the Federal Constitution, as interpreted in the decisions of the United States Supreme Court. It addresses the existing body of state constitutional law and suggests possibilities for further developments, including both the substantive aspects of state constitutional topics and the procedural requirements for asserting state constitutional protections as alternative sources for protection of individual rights. It documents how far New Mexico has come in developing a state constitutional …
Danforth, Retroactivity, And Federalism, J. Thomas Sullivan
Danforth, Retroactivity, And Federalism, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Crawford, Retroactivity, And The Importance Of Being Earnest, J. Thomas Sullivan
Crawford, Retroactivity, And The Importance Of Being Earnest, J. Thomas Sullivan
Faculty Scholarship
In this article Professor Sullivan examines the Supreme Court's evolving Confrontation Clause jurisprudence through its dramatic return to pre-Sixth Amendment appreciation of the role of cross-examination in the criminal trial reflected in its 2004 decision in Crawford v. Washington. He discusses the past quarter century of the Court's confrontation decisions and their impact on his client, Ralph Rodney Earnest, recounting the defendant's conviction and twenty-four-year litigation journey through state and federal courts to his eventual release from prison in the only successful attempt to use Crawford retroactively known to date.
Reforming Federal Death Penalty Procedures: Four Modest Proposals To Improve The Administration Of The Ultimate Penalty, Robert E. Steinbuch
Reforming Federal Death Penalty Procedures: Four Modest Proposals To Improve The Administration Of The Ultimate Penalty, Robert E. Steinbuch
Faculty Scholarship
No abstract provided.
Ethical And Effective Representation In Arkansas Capital Trials, J. Thomas Sullivan
Ethical And Effective Representation In Arkansas Capital Trials, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
The Culpability, Or Mens Rea, "Defense" In Arkansas, J. Thomas Sullivan
The Culpability, Or Mens Rea, "Defense" In Arkansas, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
The "Burden" Of Proof In Federal Habeas Litigation, J. Thomas Sullivan
The "Burden" Of Proof In Federal Habeas Litigation, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Psychiatric Defenses In Arkansas Criminal Trials, J. Thomas Sullivan
Psychiatric Defenses In Arkansas Criminal Trials, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
A Practical Guide To Recent Developments In Federal Habeas Corpus For Practicing Attorneys, J. Thomas Sullivan
A Practical Guide To Recent Developments In Federal Habeas Corpus For Practicing Attorneys, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
"Reforming" Federal Habeas Corpus: The Cost Of Federalism; The Burden For Defense Counsel; And The Loss Of Innocence, J. Thomas Sullivan
"Reforming" Federal Habeas Corpus: The Cost Of Federalism; The Burden For Defense Counsel; And The Loss Of Innocence, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Use Of The "Zola Plea" In New Jersey Capital Prosecutions, J Thomas Sullivan
Use Of The "Zola Plea" In New Jersey Capital Prosecutions, J Thomas Sullivan
Faculty Scholarship
No abstract provided.
The Capital Defendant's Right To Make A Personal Plea For Mercy: Common Law Allocution And Constitutional Mitigation, J. Thomas Sullivan
The Capital Defendant's Right To Make A Personal Plea For Mercy: Common Law Allocution And Constitutional Mitigation, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan
When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.