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Articles 1 - 30 of 75
Full-Text Articles in Law
Prosecutorial Storytelling Through Intrinsic Evidence, Brian Chen
Prosecutorial Storytelling Through Intrinsic Evidence, Brian Chen
Pepperdine Law Review
Crimes make for compelling stories. So juries make for an eager audience. Jurors want to—indeed, expect to—learn what the defendant did, how they did it, and why they deserve punishment. Capable prosecutors know how to deliver. Trial narratives empower jurors to link discrete pieces of evidence and infer facts from circumstantial proof. Only then can they render a verdict consistent with their sense of justice. Federal courts thus afford wide leeway for prosecutors to present their case as they please, with the evidence at their disposal. The Federal Rules of Evidence delineates the scope of that discretion. Under Rule 404(b), …
Deadly Decisions: Prosecutorial Misconduct And Prosecutorial Discretion In The Death Penalty System, Raegan Burke
Deadly Decisions: Prosecutorial Misconduct And Prosecutorial Discretion In The Death Penalty System, Raegan Burke
University of Miami Race & Social Justice Law Review
No abstract provided.
Reflections On The Creation Of The Jewish Law Institute At Touro, Randy Lee
Reflections On The Creation Of The Jewish Law Institute At Touro, Randy Lee
Touro Law Review
Having interpreted the topic of our panel liberally, what I want to talk about today is why Sam Levine, director of Touro’s Jewish Law Institute, is here at the conference, or, to put it differently—why does Touro Law School have a Jewish law institute?”
Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin
Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin
Seattle University Law Review
Service members in the armed forces are bound by a different set of rules when compared to other U.S. citizens. Some of the normal safeguards and protections that civilians enjoy are much more restrictive for military service members, and this is generally for a good reason. Such restrictions are partly due to the complex demands and needs of the United States military. Congress and the President have entrusted military commanders with special powers that enable them to handle minor violations of law without needing to go through a full judicial proceeding. Non-judicial punishments (NJP), also known as Article 15s, are …
Long Live Joint Criminal Enterprise: With A Particular Reference To Tadić’S Interactive Construction Between “The Beast” And Specific Direction, Miguel Ângelo Loureiro Manero De Lemos
Long Live Joint Criminal Enterprise: With A Particular Reference To Tadić’S Interactive Construction Between “The Beast” And Specific Direction, Miguel Ângelo Loureiro Manero De Lemos
San Diego International Law Journal
The idea that Joint Criminal Enterprise, in particular its extended version, contravenes fundamental principles of criminal law has gained track. Thus, not only did the International Criminal Court distance itself from the construct but, today, the widely held view is that the extended version should be discarded, not least because it is not grounded in customary international law. This Article challenges that view. While addressing scholarly criticism towards Joint Criminal Enterprise, and demonstrating why the “beast” is a solid construction, it argues that prosecutors and judges must look past the written provisions of the Statute of the International Criminal Court …
Hiding In Plain Language: A Solution To The Pandemic Riddle Of A Suspended Grand Jury, An Expiring Statute Of Limitations, And The Fifth Amendment, Nicole D. Mariani
Hiding In Plain Language: A Solution To The Pandemic Riddle Of A Suspended Grand Jury, An Expiring Statute Of Limitations, And The Fifth Amendment, Nicole D. Mariani
University of Miami Law Review
Under the statute of limitations applicable to most federal crimes, 18 U.S.C. § 3282(a), “no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.” That long-standing, generally uncontroversial procedural statute was thrust into the spotlight in 2020, when courts, prosecutors, and criminal defendants confronted an unprecedented and extraordinary scenario.
In response to the COVID-19 pandemic, many federal district courts suspended grand juries to prevent the spread of the highly contagious life-threatening virus through group congregation. Indeed, …
Guarantees Of Arrest Before The Prosecutor In Accordance With The Amended Code Of The Criminal Procedure # 19 (2009) Of Jordan, M’Amoun Abu-Zeitoun, Moayyad Mohamed Al Qudat
Guarantees Of Arrest Before The Prosecutor In Accordance With The Amended Code Of The Criminal Procedure # 19 (2009) Of Jordan, M’Amoun Abu-Zeitoun, Moayyad Mohamed Al Qudat
UAEU Law Journal
According to the Jordanian Procedural Criminal Code No 19 year 2009, several conditions are required for legal detention. These include interrogation of the suspect after the commission of a felony or a misdemeanor, the existence of material evidence which ties the suspect to the alleged crime. And for the purpose of exploring such conditions, the paper is divided into two sections. In the first section, the conditions relating to the interrogation and evidence are dealt with, and the second section explores the conditions concerning the type of crime. Concerning the criminal interrogation, it was shown that such procedure is not …
Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, Atobek Ravshanovich Davronov, Atobek Davronov
Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, Atobek Ravshanovich Davronov, Atobek Davronov
ProAcademy
The rapid growth of information technologies naturally determines the interest of researchers in them from various fields of science. Law, including criminal law, is no exception. Currently: a separate branch of law is being formed - information law. Despite this, until now in science unified approaches to the analysis of information and legal phenomena have not been developed. The article analyzes the formation and development of prosecutorial supervision over the execution of laws in the investigation of crimes in the field of information technology, and also studied the process of the emergence of information technology as a type of crime …
Prosecutor's Supervision Over The Legality Of The Preliminary Investigation And Inquiry During The Qualification Of Crimes In The Field Of Information Technology, Atobek Ravshanovich Davronov
Prosecutor's Supervision Over The Legality Of The Preliminary Investigation And Inquiry During The Qualification Of Crimes In The Field Of Information Technology, Atobek Ravshanovich Davronov
ProAcademy
Correct, that is, consistent with the principles of criminal law and criminal law, qualification of a crime ensures accurate and full application of the complex of norms of criminal and criminal procedure laws. Depending on the qualification of the crime, criminal law issues are resolved about punishment, release from criminal liability and punishment, parole, calculation of convictions, amnesty. The qualification of crimes is important for initiating a criminal case, determining the subject of proof, ensuring the rights of the accused and applying other criminal procedural norms. This scientific and practical article is devoted to the prosecutor's supervision over the correct …
The Procedural Status Of The Prosecutor In Criminal Proceedings In The Courts Of First Instance And Issues Of Its Improvement, D. Dovudova
Review of law sciences
This article is devoted to the importance of improvement of the prosecutor’s powers in court proceedings at the time of ongoing judicial and legal reforms, prosecutor’s participation in court proceedings as a state representative generally supporting public accusation, as well as the impact of his knowledge, behavior, readiness for the trial, involvement in the examination of evidence and perceptions on the decision making stage, regarding the case. In addition, based on the observations on the functions, tasks and powers of the prosecutor attending the court proceedings as a public accuser, pragmatic recommendations and proposals are made for the improvement of …
Constraining Strickland, Michael Cicchini
Constraining Strickland, Michael Cicchini
Texas A&M Law Review
When a convicted defendant pursues an ineffective assistance of counsel (“IAC”) claim on appeal—for example, by alleging that the defense lawyer failed to call an important witness at trial—the defendant must satisfy Strickland’s two-part test. This requires a showing that (1) defense counsel performed deficiently, and (2) this deficient performance prejudiced the defendant’s case.
The Strickland test is intentionally difficult for a defendant to satisfy, and courts reject nearly all IAC claims. The primary justification for this is that prosecutors and judges should not have to retry defendants because of defense counsel’s errors, as such errors are completely outside the …
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright
Journal of Race, Gender, and Ethnicity
No abstract provided.
Accountability And Repair: The Prosecutor’S Case For Restorative Justice, Miriam Krinsky, Taylor Phares
Accountability And Repair: The Prosecutor’S Case For Restorative Justice, Miriam Krinsky, Taylor Phares
NYLS Law Review
No abstract provided.
The Growth And Need For Veterans Treatment Courts, Chad Lennon
The Growth And Need For Veterans Treatment Courts, Chad Lennon
Touro Law Review
No abstract provided.
Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green
Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green
Dickinson Law Review (2017-Present)
Prosecutors’ discretionary decisions have enormous impact on individuals and communities. Often, prosecutors exercise their vast power and discretion in questionable ways. This Article argues that, to encourage prosecutors to use their power wisely and not abusively, there is a need for more informed public discussion of prosecutorial discretion, particularly with regard to prosecutors’ discretionary decisions about whether to bring criminal charges and which charges to bring. But the Article also highlights two reasons why informed public discussion is difficult—first, because public and professional expectations about how prosecutors should use their power are vague; and, second, because, particularly in individual cases, …
Prosecuting In The Shadow Of The Jury, Anna Offit
Prosecuting In The Shadow Of The Jury, Anna Offit
Northwestern University Law Review
This Article offers an unprecedented empirical window into prosecutorial discretion, drawing on research between 2013 and 2017. The central finding is that jurors play a vital role in federal prosecutors’ decision-making, professional identities, and formulations of justice. This is because even the remote possibility of lay scrutiny creates an opening for prosecutors to make commonsense assessments of (1) the evidence in their cases, (2) the character of witnesses, defendants, and victims, and (3) their own moral and professional character as public servants. By facilitating explicit consideration of the fairness of their cases from a public vantage point, I argue that …
T H E N O Tio N Of A S S E S S M E N T Of E V Id E N C E In C R Im In A L P R O C Ee D In G S, B Rajabov
T H E N O Tio N Of A S S E S S M E N T Of E V Id E N C E In C R Im In A L P R O C Ee D In G S, B Rajabov
ProAcademy
The article analyses the scientific and comperative-legal aspects of the notion of assessment of evidence. Besides, recommendations on improvement of the notion of assessment of evidence.
Ending Innocence Denying, Lara Bazelon
Ending Innocence Denying, Lara Bazelon
Hofstra Law Review
Prosecutors, the most powerful actors in the criminal justice system, also have the most difficult job: they must be "ministers of justice." A prosecutor's core mission is to vindicate the truth, rather than strive to "win" by accumulating a track record of convictions. When evidence somes to light suggesting that a wrongful conviction has occurred, a prosecutor's ethical obligation requires admitting to a terrible mistake and working to undo it. Many conscientious prosecutors accept this responsibility and confess to their errors. But too many do not. They insist, in the face of overwhelming evidence to the contrary, that wrongfully convicted …
Issues Of Expanding The Powers Of The Defense Attorney In The Investigative Actions, D. Chorieva
Issues Of Expanding The Powers Of The Defense Attorney In The Investigative Actions, D. Chorieva
Review of law sciences
In the article emphasizes the need to strengthen the role of advocate in the development and improvement of the institute of advocacy, the role of defence in the consideration of criminal, civil, administrative and economic cases and highlights the focus on the state policy. To eliminate these problems, causing certain obstacles in the defense activity, specific proposals are developed and put forward.
Issues Of Expanding The Powers Of The Defense Attorney In The Investigative Actions, D. Chorieva
Issues Of Expanding The Powers Of The Defense Attorney In The Investigative Actions, D. Chorieva
Review of law sciences
In the article emphasizes the need to strengthen the role of advocate in the development and improvement of the institute of advocacy, the role of defence in the consideration of criminal, civil, administrative and economic cases and highlights the focus on the state policy. To eliminate these problems, causing certain obstacles in the defense activity, specific proposals are developed and put forward.
Bail And Mass Incarceration, Samuel Wiseman
Bail And Mass Incarceration, Samuel Wiseman
Georgia Law Review
It is widely known that the United States has the highest incarceration rate in the developed world, and the causes and ramifications of mass incarceration are the subject of intense study. It is also increasingly widely recognized that the high rates of pretrial detention, often linked to the use of money bail, are unjust, expensive, and often counterproductive. But, so far, the links between money bail, pretrial detention, and mass incarceration have been largely unexplored. Our criminal justice system relies primarily on plea bargains to secure convictions at a relatively low cost. And, as shown by recent empirical work, the …
A Step Toward Robust Criminal Discovery Reform In Virginia: The Disclosure Of Witness Statements Before Trial, Jennifer Horan
A Step Toward Robust Criminal Discovery Reform In Virginia: The Disclosure Of Witness Statements Before Trial, Jennifer Horan
University of Richmond Law Review
No abstract provided.
Why Prosecutors Rule The Criminal Justice System—And What Can Be Done About It, Jed S. Rakoff
Why Prosecutors Rule The Criminal Justice System—And What Can Be Done About It, Jed S. Rakoff
Northwestern University Law Review
Most recognize that federal and state laws imposing high sentences and reducing judicial sentencing discretion have created America’s current plague of mass incarceration. Fewer realize that these draconian laws shift sentencing power to prosecutors: defendants fear the immense sentences they face if convicted at trial, and therefore actively engage in the plea-bargaining process. This allows prosecutors, rather than judges, to effectively determine the sentences imposed in most cases, which creates significant sentencing discrepancies that most often are unrecorded and cannot be measured. This Essay proposes a solution that would not require legislative change to be put into effect: to have …
Prosecutorial Accountability 2.0, Bruce Green, Ellen Yaroshefsky
Prosecutorial Accountability 2.0, Bruce Green, Ellen Yaroshefsky
Notre Dame Law Review
This Article describes the rhetorical and regulatory changes that characterize
the new prosecutorial accountability, identifies the conditions that
have enabled them to occur, and considers their implications. While identifying
various necessary conditions, the Article argues that information technology
has been the essential catalyst; the evolution could not be sustained
without the aggregation, accessibility, and communication of data and commentary
about prosecutorial misconduct that new information technology
makes readily available to the public. Given the permanence of information
technology in modern society, the Article concludes by cautiously predicting
that the contemporary regulatory movement will be sustained; the pendulum
will not swing …
Law Professor's Sabbatical In District Attorney's Office, Bobby Marzine Harges
Law Professor's Sabbatical In District Attorney's Office, Bobby Marzine Harges
Touro Law Review
No abstract provided.
Free Kick: Fifa’S Unintended Role In Illuminating Jurisdictional Gaps Of International Criminal Courts, Travis L. Marmara
Free Kick: Fifa’S Unintended Role In Illuminating Jurisdictional Gaps Of International Criminal Courts, Travis L. Marmara
Brooklyn Journal of International Law
In the wake of the FIFA corruption scandal of 2015, certain realities have come to light. FIFA’s corruption knows no bounds, but fans of the sport will watch nonetheless. What is less apparent is that the two most prominent international criminal courts—the International Court of Justice (ICJ) and the International Criminal Court (ICC) fail to have jurisdiction over the FIFA organization or its officials when they engage in white-collar crimes that sanction human rights abuses abroad. This Note examines how FIFA officials’ acceptance of Qatari bribes to host the 2022 World Cup exposed alarming jurisdictional inadequacies of the ICJ and …
Should Prosecutors Blog, Post, Or Tweet?: The Need For New Restraints In Light Of Social Media, Emily Anne Vance
Should Prosecutors Blog, Post, Or Tweet?: The Need For New Restraints In Light Of Social Media, Emily Anne Vance
Fordham Law Review
Prosecutors' extrajudicial speech is not a new problem. Indeed, prosecutors' out-of-court statements to the press and the public at large have been of concern for over a century. Consequently, ethical rules and standards have been implemented to protect defendants from undue reputational harm and to strike a balance between trial participants' right to free speech and defendants' right to due process. Although these rules and standards are periodically revised, they have not yet accounted for the differences between traditional media-for which the rules and standards were written-and social media. Recently, however, prosecutors have used social media to discuss pending cases …
A Pink Cadillac, An Iq Of 63, And A Fourteen-Year-Old From South Carolina: Why I Can No Longer Support The Death Penalty, Mark Earley Sr.
A Pink Cadillac, An Iq Of 63, And A Fourteen-Year-Old From South Carolina: Why I Can No Longer Support The Death Penalty, Mark Earley Sr.
University of Richmond Law Review
No abstract provided.
The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright
The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright
University of Richmond Law Review
No abstract provided.
Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty, John G. Douglass
Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty, John G. Douglass
University of Richmond Law Review
No abstract provided.