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Articles 1 - 5 of 5
Full-Text Articles in Law
Casual Ostracism: Jury Exclusion On The Basis Of Criminal Convictions, Anna Roberts
Casual Ostracism: Jury Exclusion On The Basis Of Criminal Convictions, Anna Roberts
Faculty Articles
Statutes in forty-eight states permit the exclusion of those with felony convictions from criminal juries; thirteen states permit the exclusion of those with misdemeanor convictions. The reasons given for these exclusions, which include the assumption that those with convictions are embittered against the state, do not justify their costs. Procedural justice theories indicate that embitterment of those with criminal convictions need not – and should not – be assumed. Rather, policymakers should do what they can to avoid such embitterment. This article therefore proposes that automatic statutory exclusions on the basis of criminal convictions should be abandoned. If a juror …
Prison Is Prison, Brooke Coleman
Prison Is Prison, Brooke Coleman
Faculty Articles
Two indigent men stand before two separate judges. Both will be sent to prison if they lose their cases. One receives appointed counsel, but the other does not. This discrepancy seems terribly unjust, yet the Supreme Court has no problem with it. It recently affirmed in Turner v. Rogers, that where an indigent individual is subject to criminal charges that can result in incarceration, he has a right to appointed counsel, but where an indigent individual is subject to civil proceedings where incarceration is a consequence, he does not. In other words, criminal and civil proceedings have different rules, and …
Review Of Colin Dayan’S The Law Is A White Dog: How Legal Rituals Make And Unmake Persons, Dean Spade
Review Of Colin Dayan’S The Law Is A White Dog: How Legal Rituals Make And Unmake Persons, Dean Spade
Faculty Articles
Professor Dean Spade reviews Colin Dayan’s The Law Is a White Dog: How Legal Rituals Make and Unmake Persons.
Prosecuting The Undead: Federal Criminal Law In A World Of Zombies, Michael L. Smith
Prosecuting The Undead: Federal Criminal Law In A World Of Zombies, Michael L. Smith
Faculty Articles
Adam Chodorow's recent essay, Death and Taxes and Zombies, has alerted the legal world to the dangers posed by the looming zombie apocalypse. Chodorow successfully demonstrates that existing tax laws are woefully inadequate in a world where the undead outnumber the taxpaying living. In this Essay, I argue that while tax law may be ill suited to address the zombie apocalypse, federal criminal law offers an alternative approach to solving the problems that Chodorow identifies. In fact, the only plausible explanation for the existence of seemingly pointless features of federal criminal law is that these features are precautions for this …
Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra
Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra
Faculty Articles
The Sixth Amendment guarantees "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defense." In 1984, the Supreme Court in Strickland v. Washington established the standard for ineffective assistance of counsel that is a violation of this right. In a pair of decisions handed down in 2012, Lafler v. Cooper and Missouri v. Frye the Supreme Court extended the holding in Strickland to cover ineffective assistance by defense counsel in the plea-bargaining phase. Recognizing that pleas account for ninety-five percent of all criminal convictions, the court stated that "the negotiation …