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Articles 511 - 540 of 4292
Full-Text Articles in Law
A Fair Trial, Not A Perfect One: The Early Twentieth-Century Campaign For The Harmless Error Rule, Roger A. Fairfax Jr.
A Fair Trial, Not A Perfect One: The Early Twentieth-Century Campaign For The Harmless Error Rule, Roger A. Fairfax Jr.
Marquette Law Review
None
Justice On Appeal In Criminal Cases: A Twentieth-Century Perspective, Paul D. Carrington
Justice On Appeal In Criminal Cases: A Twentieth-Century Perspective, Paul D. Carrington
Marquette Law Review
Criminal appeals was a hot topic in the 1970s, reflecting the politics of the Great Society and the development of the constitutional requirements of due process. There was then widespread agreement that the function of the criminal appeal was to assure that the appropriate judges were giving visible attention to all convictions to assure that they were justified. This paper will pose the question: what has become of that vision of a former generation?
The Impact Of Government Appellate Strategies On The Development Of Criminal Law, Andrew Hessick
The Impact Of Government Appellate Strategies On The Development Of Criminal Law, Andrew Hessick
Marquette Law Review
Appellate courts are a principal source of change and growth of the criminal law. In the course of resolving disputes, appellate courts announce rules that govern future cases. For the government, seeing that these rules develop in a favorable way is often more important than the outcome in the case before the appellate court. The government is charged with protecting the public, and developing generally applicable rules of criminal law often is more important in obtaining that goal than securing the conviction of one individual. In its efforts to ensure the development of government-friendly rules, the government does not depend …
Taking Strickland Claims Seriously, Stephen F. Smith
Taking Strickland Claims Seriously, Stephen F. Smith
Marquette Law Review
Every criminal defendant is promised the right to the effective assistance of counsel. Whether at trial or on first appeal of right, due process is violated when attorney negligence undermines the fairness and reliability of judicial proceedings. That, at least, is the black-letter law articulated in Strickland v. Washington, 466 U.S. 668 (1984). In practice, however, the right to effective representation has meant surprisingly little over the last two decades. Under the standards that emerged from Strickland, scores of defendants have received prison or death sentences by virtue of serious unprofessional errors committed by their attorneys. This Essay canvasses a …
"You Can't Get There From Here?": Ineffective Assistance Claims In Federal Circuit Courts After Aedpa, Gregory J. O'Meara S.J.
"You Can't Get There From Here?": Ineffective Assistance Claims In Federal Circuit Courts After Aedpa, Gregory J. O'Meara S.J.
Marquette Law Review
One measure of a society is how it treats those with little power, those who have suffered from problems not of their own choosing. Surely victims of crime fit into this category, and society has not often given them what they desire and need. Though they garner far less sympathy, perpetrators of crime may also be vulnerable to forces beyond their control, including physical and mental disabilities, childhoods marked by abuse and neglect, and incompetent attorneys who fail to fulfill constitutionally mandated standards. The criminal justice system attempts to address deficiencies in the representation criminal defendants receive in part through …
Innocence Protection In The Appellate Process, Keith A. Findley
Innocence Protection In The Appellate Process, Keith A. Findley
Marquette Law Review
It is often said that truth “accurate sorting of the guilty from the innocent” is the primary objective of criminal trials. Among the important safeguards in our criminal justice system intended to ensure that the innocent are protected from wrongful conviction is the system of appeals and postconviction remedies. Recent empirical evidence based on DNA exoneration cases reveals, however, that the appellate process does not do a good job of recognizing or protecting innocence. Examination of known innocents “those proved innocent by postconviction DNA testing” shows that they have rarely obtained relief on appeal. Moreover, those individuals subsequently proved innocent …
Judicial Blindness To Eyewitness Misidentification, Sandra Guerra Thompson
Judicial Blindness To Eyewitness Misidentification, Sandra Guerra Thompson
Marquette Law Review
Many studies of exonerations find that erroneous eyewitness identifications play a part in over 75% of all wrongful convictions. These studies have led to numerous proposals for reform of police procedures, yet we see surprisingly little progress toward minimizing eyewitness-identification error, a major cause of failure in the criminal justice systems of this country. This Article presents the findings of an empirical study of recent case law in which defendants challenge the legality of the eyewitness identification procedures. The study involved a review of all cases within the calendar year ending in April 8, 2009 in which state appellate courts …
Context And Compliance: A Comparison Of State Supreme Courts And The Circuits, Sara C. Benesh, Wendy L. Martinek
Context And Compliance: A Comparison Of State Supreme Courts And The Circuits, Sara C. Benesh, Wendy L. Martinek
Marquette Law Review
A host of scholars have argued that decision making in lower courts is at least partially determined by decision making in the U.S. Supreme Court. In other words, Supreme Court jurisprudence in a given area influences the way that the lower courts decide similar cases. This may seem like an unremarkable assertion given the principle of stare decisis and the expectation that lower courts are bound by decisions made by higher courts. Nonetheless, there are intriguing evidentiary omissions with regard to what we know about compliance with Supreme Court precedent. In particular, despite the voluminous expenditures of scholarly time and …
Federal Criminal Appeals: A Brief Empirical Perspective, Michael Heise
Federal Criminal Appeals: A Brief Empirical Perspective, Michael Heise
Marquette Law Review
None
Temporary Victims: Interpreting The Federal Fraud And Theft Sentencing Guideline, Ryan N. Parsons
Temporary Victims: Interpreting The Federal Fraud And Theft Sentencing Guideline, Ryan N. Parsons
Marquette Law Review
None
Congressional Legislation: The Next Step For Corporate Deferred Prosecution Agreements, Rachel Delaney
Congressional Legislation: The Next Step For Corporate Deferred Prosecution Agreements, Rachel Delaney
Marquette Law Review
None
Table Of Contents For Volume 93 Issue 2, Marquette University
Table Of Contents For Volume 93 Issue 2, Marquette University
Marquette Law Review
None
Appellate Review Of Sentence Explanations: Learning From The Wisconsin And Federal Experiences, Michael M. O'Hear
Appellate Review Of Sentence Explanations: Learning From The Wisconsin And Federal Experiences, Michael M. O'Hear
Marquette Law Review
For at least half a century, reformers have urged American appellate courts to play a more active role in the sentencing process. Outside a small number of jurisdictions with binding sentencing guidelines, however, the appellate courts have generally failed to establish a meaningful role for themselves. The present article focuses on one particular function that appellate courts might usefully perform: that is, reviewing the adequacy of the explanations given by trial-court judges to justify their sentencing decisions. Such “explanation review” is conceptually distinct from substantive review of the sentence: the former asks whether the sentence has been adequately justified, while …
Death Penalty Appeals And Habeas Proceedings: The California Experience, Gerald F. Uelmen
Death Penalty Appeals And Habeas Proceedings: The California Experience, Gerald F. Uelmen
Marquette Law Review
The administration of the death penalty has become completely dysfunctional in California, to use the words of California Chief Justice Ronald M. George. The California Supreme Court is overwhelmed with a backlog of 80 fully briefed death appeals, and 100 fully briefed habeas petitions. California has the longest delays in the county, with 20-24 years elapsing between sentence and execution. With the longest death row in the county (680+), the chief cause of death on death row is death by natural causes, followed by suicide. California has had 13 executions since the death penalty was restored in 1978. The current …
Appellate Review Of Sentencing Policy Decisions After Kimbrough, Carissa Byrne Hessick
Appellate Review Of Sentencing Policy Decisions After Kimbrough, Carissa Byrne Hessick
Marquette Law Review
In Kimbrough v. United States the U.S. Supreme Court addressed a question left open in United States v. Booker: whether to permit district courts to make sentencing decisions based on a policy disagreement with the Federal Sentencing Guidelines. The Booker Court, in order to avoid a Sixth Amendment jury right problem inherent in mandatory sentencing regimes, had held that the Guidelines were purely "advisory" and that district courts had discretion to sentence outside the ranges prescribed by the Guidelines. Ultimately, the Kimbrough Court held that district courts could sentence outside the advisory Guideline range based solely on a policy disagreement …
Robust Appellate Review Of Sentences: Just How British Is Indiana?, The Honorable Randall T. Shepard
Robust Appellate Review Of Sentences: Just How British Is Indiana?, The Honorable Randall T. Shepard
Marquette Law Review
While the notion of appealability of sentences is widespread, such appeals in most jurisdictions occur under standards like ―abuse of discretion‖ or ―plain error‖ or simply ―excessive.‖ In the late 1960s, Indiana began the process of importing into its constitutional law a piece of British doctrine that contemplates a more robust role for appellate courts. For two decades, this appeared to produce little if any difference in outcomes. In the first decade of the new century, however, a series of rule changes has prompted movement toward the original design.
The Future Of Appellate Sentencing Review: Booker In The States, John F. Pfaff
The Future Of Appellate Sentencing Review: Booker In The States, John F. Pfaff
Marquette Law Review
None
Giving Up The Ghost: A Proposal For Dealing With Attorney "Ghostwriting" Of Pro Se Litigants' Court Documents Through Explicit Rules Requiring Disclosure And Allowing Limited Appearances For Such Attorneys, Michael W. Loudenslager
Giving Up The Ghost: A Proposal For Dealing With Attorney "Ghostwriting" Of Pro Se Litigants' Court Documents Through Explicit Rules Requiring Disclosure And Allowing Limited Appearances For Such Attorneys, Michael W. Loudenslager
Marquette Law Review
None
It's Not Just What You Think, But Also How You Think About It: The Effect Of Situationally Primed Mindsets On Legal Judgments And Decision Making, Barbara O'Brien, Daphna Oyserman
It's Not Just What You Think, But Also How You Think About It: The Effect Of Situationally Primed Mindsets On Legal Judgments And Decision Making, Barbara O'Brien, Daphna Oyserman
Marquette Law Review
None
The Family Medical Leave Act: Calculating The "Hours Of Service" For The Reinstated Employee, Joan M. Shepard
The Family Medical Leave Act: Calculating The "Hours Of Service" For The Reinstated Employee, Joan M. Shepard
Marquette Law Review
None
What Plagarism Was Not: Some Preliminary Observations On Classical Chinese Attitudes Toward What The West Calls Intellectual Property, Charles R. Stone
What Plagarism Was Not: Some Preliminary Observations On Classical Chinese Attitudes Toward What The West Calls Intellectual Property, Charles R. Stone
Marquette Law Review
None
Table Of Contents For Volume 92 Issue 1, Marquette University
Table Of Contents For Volume 92 Issue 1, Marquette University
Marquette Law Review
None
Macniven V. Westmoreland And Tax Advice: Using "Purposive Textualism" To Deal With Tax Shelters And Promote Legitimate Tax Advice, Scott A. Schumacher
Macniven V. Westmoreland And Tax Advice: Using "Purposive Textualism" To Deal With Tax Shelters And Promote Legitimate Tax Advice, Scott A. Schumacher
Marquette Law Review
None
Table Of Contents For Volume 91, Number 3, Marquette University
Table Of Contents For Volume 91, Number 3, Marquette University
Marquette Law Review
No abstract provided.
Suicide On Campus: The Appropriate Legal Responsibility Of College Personnel, Ann Maclean Massie
Suicide On Campus: The Appropriate Legal Responsibility Of College Personnel, Ann Maclean Massie
Marquette Law Review
No abstract provided.
Originalism And The Problem Of Fundamental Fairness, R. George Wright
Originalism And The Problem Of Fundamental Fairness, R. George Wright
Marquette Law Review
No abstract provided.
Correcting Native American Sentencing Disparity Post-Booker, Timothy J. Droske
Correcting Native American Sentencing Disparity Post-Booker, Timothy J. Droske
Marquette Law Review
No abstract provided.
Statute In The Abyss: The Implications Of Insanity On Wisconsin's Slayer Statute, Christopher M. Eisold
Statute In The Abyss: The Implications Of Insanity On Wisconsin's Slayer Statute, Christopher M. Eisold
Marquette Law Review
No abstract provided.
Table Of Contents For Volume 91, Number 4, Marquette University
Table Of Contents For Volume 91, Number 4, Marquette University
Marquette Law Review
No abstract provided.
Intensive Care For The Public Corporation: Securities Law, Corporate Governance, And The Reorganization Process, Richard E. Mendales
Intensive Care For The Public Corporation: Securities Law, Corporate Governance, And The Reorganization Process, Richard E. Mendales
Marquette Law Review
No abstract provided.