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A Proposal For Limiting The Duty Of The Trial Judge To Instruct The Jury Sua Sponte, Paul H. Robinson
A Proposal For Limiting The Duty Of The Trial Judge To Instruct The Jury Sua Sponte, Paul H. Robinson
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This Article will present what appears to be a workable system which allows fulfillment of both of the jury instruction functions-jury guidance and legal-theory-resolution-and which will simultaneously reduce the number of reversals due to judicial error in instructing the jury (the latter result may be anticipated in any system which is able to produce the former result). This Article proposes the abolition of the sua sponte duty of the trial judge except for certain basic instructions to be specified by statute or by rule of court. The proposal would retain for each advocate the opportunity to propose instructions reflecting his …
Proposal And Analysis Of A Unitary System For Review Of Criminal Judgments, Paul H. Robinson
Proposal And Analysis Of A Unitary System For Review Of Criminal Judgments, Paul H. Robinson
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Debate continues over expanded use of habeus corpus for collateral attack of criminal judgments. Some commentators argue that the current system of seemingly endless post-conviction review fails to provide the finality and integrity required of any truly fair and effective system of criminal justice. Others claim that such an expansive post-conviction remedy system is justified when a man's liberty is at stake. It is a central thesis of this article that not only does the present system of post-conviction remedies fall short of achieving adequate fairness and comprehensiveness, but also that the attempt to achieve these values has produced a …