Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- AEDPA (1)
- Anti-Terrorism and Effective Death Penalty Act (1)
- Child sex abuse (1)
- Children (1)
- Compentency to testify (1)
-
- Competency standards (1)
- Crime victim recoveries (1)
- Crime victims (1)
- Forfeiture (1)
- Forfeiture doctrine (1)
- Forfeiture of right to counsel (1)
- Monetary recoveries (1)
- Representation (1)
- Restitution (1)
- Right to assistance of counsel (1)
- Right to counsel (1)
- Sex abuse (1)
- Sixth Amendment (1)
- Testimony (1)
- Wrongful conviction (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst
Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst
Cleveland State Law Review
The author contends that the doctrine of forfeiture of the right to assistance of counsel as a sanction for misconduct by a defendant towards the court or his counsel has no constitutional support in the principles that have defined the Sixth Amendment, is arbitrary in its application within the judicial system, and has become a refuge for courts, which have inadequately complied with established principles to protect fundamental rights.
Evaluating Children's Competency To Testify: Developing A Rational Method To Assess A Young Child's Capacity To Offer Reliable Testimony In Cases Alleging Child Sex Abuse , Laurie Shanks
Cleveland State Law Review
This Article discusses the testimony of young children, the inadequacy of the traditional hearing used to determine the competency of such children to testify, and the ways in which the hearing might be changed to make it a meaningful process for determining the ability of a child to give reliable testimony.
Monetary Recoveries For State Crime Victims , Jeffrey A. Parness, Edmund Laube, Laura Lee
Monetary Recoveries For State Crime Victims , Jeffrey A. Parness, Edmund Laube, Laura Lee
Cleveland State Law Review
In this Article, we explore the constitutional, statutory, and common law foundations of the three recovery avenues available to crime victims. We also explore the federal-state and interstate differences in these avenues, along with the associated barriers to recovery. Finally, we propose better ways in which to facilitate state crime victim recoveries.