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Full-Text Articles in Law
Getting To Know You: An Expanded Approach To Capital Jury Selection, Samuel P. Newton
Getting To Know You: An Expanded Approach To Capital Jury Selection, Samuel P. Newton
Articles
The Colorado Method of capital jury selection is a widely embraced strategy defense attorneys use to select jurors during voir dire, in which attorneys rank each juror exclusively on the likelihood that the juror will vote for death. The method could benefit from some expansion. Not all defense lawyers have access to Colorado-Method-based training. In innocence cases, defense lawyers should soften discussions of punishment prior to guilt since this tactic predisposes juries to vote for death. Nor do jurors' views or positions on the death penalty guarantee their eventual votes. While capital juries are already inclined to give death sentences …
Supermajoritarian Criminal Justice, Aliza Plener Cover
Supermajoritarian Criminal Justice, Aliza Plener Cover
Articles
Democracy is often equated with majority rule. But closer analysis reveals that, in theory and by constitutional design, our criminal justice system should be supermajoritarian, not majoritarian. The Constitution guarantees that criminal punishment may be imposed only when backed by the supermajoritarian-historically, unanimous-approval of a jury drawn from the community. And criminal law theorists' expressive and retributive justifications for criminal punishment implicitly rely on the existence of broad community consensus in favor of imposing it. Despite these constitutional and theoretical ideals, the criminal justice system today is majoritarian at best. Both harsh and contested, it has lost the structural mechanisms …
Gideon Incarcerated: Access To Counsel In Pretrial Detention, Johanna Kalb
Gideon Incarcerated: Access To Counsel In Pretrial Detention, Johanna Kalb
Articles
No abstract provided.
Giving Teeth To State Constitutions: Using History To Argue Utah's Constitution Affords Greater Protections To Criminal Defendants, Samuel P. Newton
Giving Teeth To State Constitutions: Using History To Argue Utah's Constitution Affords Greater Protections To Criminal Defendants, Samuel P. Newton
Articles
No abstract provided.
No Justice In Utah's Justice Courts: Constitutional Issues, Systemic Problems, And The Failure To Protect Defendants In Utah's Infamous Local Courts, Samuel P. Newton
No Justice In Utah's Justice Courts: Constitutional Issues, Systemic Problems, And The Failure To Protect Defendants In Utah's Infamous Local Courts, Samuel P. Newton
Articles
No abstract provided.