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Articles 1 - 30 of 36
Full-Text Articles in Law
In Defense Of Hybrid Representation: The Sword To Wield And The Shield To Protect, Kelly Rondinelli
In Defense Of Hybrid Representation: The Sword To Wield And The Shield To Protect, Kelly Rondinelli
William & Mary Bill of Rights Journal
No abstract provided.
Common Law Evidence And The Common Law Of Human Rights: Towards A Harmonic Convergence?, John D. Jackson
Common Law Evidence And The Common Law Of Human Rights: Towards A Harmonic Convergence?, John D. Jackson
William & Mary Bill of Rights Journal
This Article considers the impact which European Human Rights Law has made upon the common law rules of evidence with reference to the approach the European Court of Human Rights (ECtHR) has adopted towards exclusionary rules of evidence. Particular attention will be given to rules that have been developed by the ECtHR in relation to the right to counsel during police questioning (the so-called “Salduz” doctrine) and the right to examine witnesses (the so-called “sole or decisive” evidence rule). The Article argues that the effect of these rules has encouraged common law judges to engage more holistically with the effect …
The Right To Counsel In Criminal Cases: Still A National Crisis?, Mary Sue Backus, Paul Marcus
The Right To Counsel In Criminal Cases: Still A National Crisis?, Mary Sue Backus, Paul Marcus
Faculty Publications
In 1963, Gideon v. Wainwright dramatically changed the landscape of criminal justice with its mandate that poor criminal defendants be entitled to legal representation funded by the government. As scholars and practitioners have noted repeatedly over more than fifty years, states have generally failed to provide the equal access Gideon promised. This Article revisits the questions raised by the authors over a decade ago when they asserted that a genuine national crisis exists regarding the right to counsel in criminal cases for poor people. Sadly, despite a few isolated instances where litigation has sparked some progress, the issues remain the …
The United States Supreme Court (Mostly) Gives Up Its Review Role With Ineffective Assistance Of Counsel Cases, Paul Marcus
The United States Supreme Court (Mostly) Gives Up Its Review Role With Ineffective Assistance Of Counsel Cases, Paul Marcus
Faculty Publications
No abstract provided.
What Matters More: A Day In Jail Or A Criminal Conviction?, John P. Gross
What Matters More: A Day In Jail Or A Criminal Conviction?, John P. Gross
William & Mary Bill of Rights Journal
No abstract provided.
The "Flesh And Blood" Defense, James Erickson Evans
The "Flesh And Blood" Defense, James Erickson Evans
William & Mary Law Review
No abstract provided.
Desperate Times Call For Desperate Measures: Reclassifying Drug Possession Offense In Response To The Indigent Defense Crisis, Kaitlin C. Gratton
Desperate Times Call For Desperate Measures: Reclassifying Drug Possession Offense In Response To The Indigent Defense Crisis, Kaitlin C. Gratton
William & Mary Law Review
No abstract provided.
The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le
The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le
William & Mary Bill of Rights Journal
No abstract provided.
Reading, Writing, And Interrogating: Providing Miranda Warnings To Students In Schoolhouse Interrogations, Stephanie Gaylord Forbes
Reading, Writing, And Interrogating: Providing Miranda Warnings To Students In Schoolhouse Interrogations, Stephanie Gaylord Forbes
Student Award Winning Papers
No abstract provided.
Statewide Capital Punishment: The Case For Eliminating Counties’ Role In The Death Penalty, Adam M. Gershowitz
Statewide Capital Punishment: The Case For Eliminating Counties’ Role In The Death Penalty, Adam M. Gershowitz
Faculty Publications
No abstract provided.
Why The United States Supreme Court Got Some [But Not A Lot] Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus
Why The United States Supreme Court Got Some [But Not A Lot] Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus
Faculty Publications
No abstract provided.
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 …
Saving Massiah From Elstad: The Admissibility Of Successive Confessions Following A Deprivation Of Counsel, James K. Tomkovicz
Saving Massiah From Elstad: The Admissibility Of Successive Confessions Following A Deprivation Of Counsel, James K. Tomkovicz
William & Mary Bill of Rights Journal
No abstract provided.
Reaffirming The Right To Pretrial Assistance: The Surprising Little Case Of Fellers V. United States, James K. Tomkovicz
Reaffirming The Right To Pretrial Assistance: The Surprising Little Case Of Fellers V. United States, James K. Tomkovicz
William & Mary Bill of Rights Journal
No abstract provided.
The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus
The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus
Faculty Publications
No abstract provided.
The Invisible Pillar Of Gideon, Adam M. Gershowitz
The Invisible Pillar Of Gideon, Adam M. Gershowitz
Faculty Publications
In 1996, the State of South Carolina charged Larry McVay with common-law robbery. McVay, who was employed part-time and took home less than $160 per week after taxes, claimed that after paying his basic living expenses he had no money left with which to hire an attorney. A South Carolina court disagreed and denied McVay’s request for appointed counsel. Seven years later, Scott Peterson was arrested for the murder of his wife and unborn child in California. Although Peterson owned a home, drove an expensive SUV, and was carrying $10,000 in cash when he was captured, he claimed to be …
United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack
United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack
William & Mary Bill of Rights Journal
The Supreme Court will decide as a matter of law whether an American citizen detained as an enemy combatant has the right to counsel. The author argues that as a matter of ethics, the answer is clear - there is a right to counsel. In this Article, the author analyzes the cases regarding Jose Padilla and Yaser Esam Hamdi discusses ABA Model Rule 4.2, and its application, and proposes an amendment to Rule 4.2's Comment.
"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal
"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal
William & Mary Law Review
No abstract provided.
A Decade Of Strickland's Tin Horn: Doctrinal And Practical Undermining Of The Right To Counsel, William S. Geimer
A Decade Of Strickland's Tin Horn: Doctrinal And Practical Undermining Of The Right To Counsel, William S. Geimer
William & Mary Bill of Rights Journal
No abstract provided.
The Presentence Interview And The Right To Counsel: A Critical Stage Under The Federal Sentencing Structure, Megan E. Burns
The Presentence Interview And The Right To Counsel: A Critical Stage Under The Federal Sentencing Structure, Megan E. Burns
William & Mary Law Review
No abstract provided.
An Attorney Is Not A Rolls-Royce: The Comprehensice Forfeiture Act Of 1984 And The Sixth Amendment Right To Effective Assistance Of Counsel After United States V. Monsanto, Karin Graham Horwatt
An Attorney Is Not A Rolls-Royce: The Comprehensice Forfeiture Act Of 1984 And The Sixth Amendment Right To Effective Assistance Of Counsel After United States V. Monsanto, Karin Graham Horwatt
William & Mary Bill of Rights Journal
No abstract provided.
The Right To Appointed Counsel For Indigent Civil Litigants: The Demands Of Due Process, William L. Dick Jr.
The Right To Appointed Counsel For Indigent Civil Litigants: The Demands Of Due Process, William L. Dick Jr.
William & Mary Law Review
No abstract provided.
Miranda Decision Revisited: Did It Give Criminals Too Many Rights?, Paul Marcus, Stephen J. Markman
Miranda Decision Revisited: Did It Give Criminals Too Many Rights?, Paul Marcus, Stephen J. Markman
Faculty Publications
No abstract provided.
The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus
The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus
Faculty Publications
The United States Constitution makes provision for criminal defendants to be represented by counsel. In the federal jurisdiction this principle was vigorously applied, even to indigent persons, very early in the Twentieth Century. The United States Supreme Court, however, was reluctant to impose this requirement on the states except in cases of unusual circumstances where the absence of counsel would have affected the basic fairness of the trial. Finally, in a landmark decision by the Supreme Court, it was held that the right to counsel applies in both federal and state cases. For the past twenty years, federal and state …
"Some Kind Of Hearing" In England, Charles H. Koch Jr.
"Some Kind Of Hearing" In England, Charles H. Koch Jr.
William & Mary Law Review
No abstract provided.
Miranda V. Arizona: The Law Today, Fredric I. Lederer
Miranda V. Arizona: The Law Today, Fredric I. Lederer
Faculty Publications
No abstract provided.
United States V. Brown: Implementing Massiah
United States V. Brown: Implementing Massiah
William & Mary Law Review
No abstract provided.
Criminal Law: Implementing The Obligation Of Advocacy In Review Of Criminal Convictions, Larry I. Palmer
Criminal Law: Implementing The Obligation Of Advocacy In Review Of Criminal Convictions, Larry I. Palmer
Faculty Publications
No abstract provided.
Can We Afford To Provide Trial Counsel For The Indigent In Misdemeanor Cases?, Junius L. Allison, Jack L. Phelps
Can We Afford To Provide Trial Counsel For The Indigent In Misdemeanor Cases?, Junius L. Allison, Jack L. Phelps
William & Mary Law Review
No abstract provided.
Constitutional Law - Right To Counsel - Not Limited To An Attorney - United States V. Tarlowski, 305 F. Supp. 112 (E.D.N.Y. 1969), Robert B. Ingram
Constitutional Law - Right To Counsel - Not Limited To An Attorney - United States V. Tarlowski, 305 F. Supp. 112 (E.D.N.Y. 1969), Robert B. Ingram
William & Mary Law Review
No abstract provided.