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Criminal Procedure

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Articles 31 - 34 of 34

Full-Text Articles in Law

Mistake In The Model Penal Code: A False False Problem, George P. Fletcher Jan 1988

Mistake In The Model Penal Code: A False False Problem, George P. Fletcher

Faculty Scholarship

No solution seems more gratifying to the modern theorist than to claim that an apparently serious problem is not really a problem at all. By branding nonfalsifiable propositions as nonsense, the Vienna circle of logical positivists discovered that the metaphysical concerns of others were really false problems. By ridding philosophy of false problems, Wittgenstein thought that he could let the fly escape from the bottle; he could release the philosophical spirit from its confounding constraints. Brainerd Currie brought this method to the law with his justly famous theory of false conflicts in the conflicts of laws. There was no need …


Confronting Rape Shield, Allison I. Connelly Apr 1987

Confronting Rape Shield, Allison I. Connelly

Law Faculty Popular Media

In this newsletter article, Professor Connelly discusses the difficulties faced by defense attorneys in addressing rape shield laws.


The Attempt To Improve Criminal Defense Representation, Peter W. Tague Jan 1977

The Attempt To Improve Criminal Defense Representation, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Improvement of criminal defense representation is one of the most critical problems that faces the criminal justice system. The problem is extensive; some attorneys are frequently ineffective and probably all attorneys are occasionally inadequate because of error, overwork, personal problems or ethical conflicts.

The defendant's only remedy against his attorney's ineffectiveness is through direct appeal or collateral post-conviction attack. This article discusses the reasons why courts cannot improve defense representation through these avenues of review. Deep disagreement among judges about the purpose of post-conviction review has crippled any attempt at improvement. The key unresolved question is whether the standard for …


Comment On Justification And Excuse, Jerome Hall Jan 1976

Comment On Justification And Excuse, Jerome Hall

Articles by Maurer Faculty

No abstract provided.