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Articles 1 - 5 of 5
Full-Text Articles in Law
Integrating Comparative Criminal Law: Criminal Law And Procedure, At Home And Abroad, Roger Fairfax
Integrating Comparative Criminal Law: Criminal Law And Procedure, At Home And Abroad, Roger Fairfax
Presentations
No abstract provided.
Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime Yarussi
Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime Yarussi
Project on Addressing Prison Rape - Articles
The Prison Rape Elimination Act of 2003 (PREA) is the first piece of federal legislation that expressly and exclusively addresses sexual abuse of persons in custody. Notwithstanding passage of the Act, there is a clear belief, echoed by correctional leaders, that prosecutors are reluctant at best, and unwilling at worst, to prosecute cases of sexual violence in correctional settings. In order to gather information on the prosecutor interest in and capacity to prosecute these cases, the National Institute of Corrections Project on Addressing Prison Rape at the Washington College of Law (the NIC/WCL Project) collected data from state and federal …
Grand Jury Discretion And Constitutional Design, Roger Fairfax
Grand Jury Discretion And Constitutional Design, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
The grand jury possesses an unqualified power to decline to indict - despite probable cause that alleged criminal conduct has occurred. A grand jury might exercise this power, for example, to disagree with the wisdom of a criminal law or its application to a particular defendant. A grand jury might also use its discretionary power to send a message of disapproval regarding biased or unwise prosecutorial decisions or inefficient allocation of law enforcement resources in the community. This ability to exercise discretion on bases beyond the sufficiency of the evidence has been characterized pejoratively as grand jury nullification. The dominant …
Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax
Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to nonconstitutional trial errors until forty years ago, when the U.S. Supreme Court extended the harmless error rule to trial errors of constitutional proportion. Even as criminal procedural protections were expanded in the latter half of the twentieth century, the harmless error rule operated to dilute the effect of many of these constitutional guarantees-the Sixth Amendment right to jury trial being no exception. However, while a tradeoff between important process values and the Constitution's protection of individual rights is inherent in the …
Due Process For The Global Crime Era: A Proposal, Song Richardson
Due Process For The Global Crime Era: A Proposal, Song Richardson
Articles in Law Reviews & Other Academic Journals
This article argues that the adjudication of transnational criminal cases in the United States raises troubling questions about the government's commitment to principled criminal process standards. Concern over global crime has resulted in a criminal process that inadequately protects fairness and legitimacy norms. Over 40 years ago, in his seminal work on the domestic criminal process, Herbert Packer described two models of criminal procedure: the crime control model and the due process model. The crime control model posits that the most important function of the criminal justice system is to suppress crime. The due process model focuses on the fallibility …