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Articles 1 - 14 of 14
Full-Text Articles in Law
Be They Fish Or Not Fish: The Fishy Registration Of Nonsexual Offenders, Ofer Raban
Be They Fish Or Not Fish: The Fishy Registration Of Nonsexual Offenders, Ofer Raban
William & Mary Bill of Rights Journal
No abstract provided.
Raise The Proof: A Default Rule For Indigent Defense, Adam M. Gershowitz
Raise The Proof: A Default Rule For Indigent Defense, Adam M. Gershowitz
Faculty Publications
Almost everyone agrees that indigent defense in America is underfunded, but workable solutions have been hard to come by. For the most part, courts have been unwilling to inject themselves into legislative budget decisions. And, when courts have become involved and issued favorable decisions, the benefits have been only temporary because once the pressure of litigation disappears so does a legislature's desire to appropriate more funding. This Article proposes that if an indigent defense system is under-funded, the state supreme court should impose a default rule raising the standard of proof to "beyond all doubt" to convict indigent defendants. The …
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 …
"You Fall Into Scylla In Seeking To Avoid Charybdis": The Second Circuit's Pragmatic Approach To Supervised Release For Sex Offenders, Frank E. Correll Jr.
"You Fall Into Scylla In Seeking To Avoid Charybdis": The Second Circuit's Pragmatic Approach To Supervised Release For Sex Offenders, Frank E. Correll Jr.
William & Mary Law Review
No abstract provided.
Sentencing Acquitted Conduct To The Post-Booker Dustbin, James J. Bilsborrow
Sentencing Acquitted Conduct To The Post-Booker Dustbin, James J. Bilsborrow
William & Mary Law Review
No abstract provided.
Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz
Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz
Faculty Publications
No abstract provided.
Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith
Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith
William & Mary Law Review
No abstract provided.
"Unspeakable Justice" : The Oswald Martinez Case And The Failure Of The Legal Stystem To Adequately Provide For Incompetent Defendants, Jamie Mickelson
"Unspeakable Justice" : The Oswald Martinez Case And The Failure Of The Legal Stystem To Adequately Provide For Incompetent Defendants, Jamie Mickelson
William & Mary Law Review
No abstract provided.
"Sacrificing The End To The Means": The Constitutionality Of Suspicionless Subway Searches, Katherine Lee Martin
"Sacrificing The End To The Means": The Constitutionality Of Suspicionless Subway Searches, Katherine Lee Martin
William & Mary Bill of Rights Journal
No abstract provided.
All Men Are (Or Should Be) Created Equal: An Argument Against The Use Of The Cultural Defense In A Post-Booker World, Elizabeth Martin
All Men Are (Or Should Be) Created Equal: An Argument Against The Use Of The Cultural Defense In A Post-Booker World, Elizabeth Martin
William & Mary Bill of Rights Journal
No abstract provided.
The Jurisprudence Of Punishment, Kyron Huigens
The Jurisprudence Of Punishment, Kyron Huigens
William & Mary Law Review
No abstract provided.
Terrorism And The New Criminal Process, John T. Parry
Terrorism And The New Criminal Process, John T. Parry
William & Mary Bill of Rights Journal
No abstract provided.
Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum
Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum
William & Mary Bill of Rights Journal
No abstract provided.
Imposing A Cap On Capital Punishment, Adam M. Gershowitz
Imposing A Cap On Capital Punishment, Adam M. Gershowitz
Faculty Publications
No abstract provided.