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Full-Text Articles in Law
The Presidential Statutory Stretch And The Rule Of Law, Peter M. Shane
The Presidential Statutory Stretch And The Rule Of Law, Peter M. Shane
University of Colorado Law Review
No abstract provided.
Using Poor Form As A Proxy For Poor Substance: A Look At Wend V. People And Its Categorical Rule Prohibiting Prosecutors From Using The Word "Lie", Danny Paulson
University of Colorado Law Review
In Wend v. People, the Colorado Supreme Court reversed a second-degree murder conviction because the prosecutor repeatedly used various forms of the word "lie" to describe some of the defendant's statements made during two taped interviews with the police. In its opinion, the court first held that in Colorado it is categorically improper for a prosecutor to use the word "lie." In doing so, it committed itself to a unique legal standard for one word that runs contrary to the traditional legal test used nationwide for all forms of prosecutorial misconduct. Then, the court reversed the conviction on plain error …
A Second Chance At Justice: Why States Should Adopt Aba Model Rules Of Professional Conduct 3.8(G) And (H), Michele K. Mulhausen
A Second Chance At Justice: Why States Should Adopt Aba Model Rules Of Professional Conduct 3.8(G) And (H), Michele K. Mulhausen
University of Colorado Law Review
Prosecutors, defense attorneys, jurists, and citizens alike cringe at the thought of their fellow citizens serving criminal sentences for crimes that they did not commit. Unfortunately, evidence sometimes emerges after conviction that would exonerate the defendant. As a result, in February 2008, the American Bar Association adopted two amendments, (g) and (h), to the existing Model Rule 3.8, which governs the conduct of prosecutors. The two amendments place an affirmative duty on prosecutors to investigate "new, credible and material evidence." If the evidence creates a "reasonable likelihood" that the convicted defendant did not commit the crime, the prosecutor must "seek …
Tortured Legal Ethics: The Role Of The Government Advisor In The War On Terror, Jessica Radack
Tortured Legal Ethics: The Role Of The Government Advisor In The War On Terror, Jessica Radack
University of Colorado Law Review
The so-called "torture memos" beg for a re-examination of government lawyers' ethical obligations, especially when acting as advisors, not advocates. This article explores the two major models of government lawyers' ethics: the "agency" approach, which stresses the duties of loyalty, zeal and confidentiality and disfavors attorney interference with client goals, and the "public interest" approach, which places greater weight on fairness and justice, and wants lawyers to weigh in on the wisdom and morality of what their clients are considering. This article argues that an Eighth Amendment analysis should be employed to determine what constitutes a "morally perilous question. " …