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Articles 1 - 13 of 13
Full-Text Articles in Law
Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle
Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle
William & Mary Law Review
No abstract provided.
Departing Is Such Sweet Sorrow: A Year Of Judicial Revolt On "Substantial Assistance" Departures Follows A Decade Of Prosecutorial Indiscipline (Prosecution Law Symposium), Frank O. Bowman Iii
Departing Is Such Sweet Sorrow: A Year Of Judicial Revolt On "Substantial Assistance" Departures Follows A Decade Of Prosecutorial Indiscipline (Prosecution Law Symposium), Frank O. Bowman Iii
Faculty Publications
the first section of this essay is devoted to demonstrating the courts' errors. Nonetheless, considered together, these opinions are perhaps an understandable reflection of judicial unease with an important component of the federal sentencing system — the longstanding, but increasingly common, practice of making deals with criminal defendants to reduce their sentences in return for testimony against their accomplices. This Article's second section will consider the most common criticisms of the system of bargaining for testimony under the United States Sentencing Guidelines (the Guidelines) to determine whether Singleton and Sealed Case may be good policy even if they are bad …
Anatomy Of A Federal Death Penalty Prosecution: A Primer For Prosecutors, David J. Novak
Anatomy Of A Federal Death Penalty Prosecution: A Primer For Prosecutors, David J. Novak
South Carolina Law Review
No abstract provided.
The Role Of The Prosectuor In Juvenile Justice: Advocacy In The Courtroom And Leadership In The Community, James C. Backstrom
The Role Of The Prosectuor In Juvenile Justice: Advocacy In The Courtroom And Leadership In The Community, James C. Backstrom
South Carolina Law Review
No abstract provided.
Case Against Plea Bargaining Child Sexual Abuse Charges: Deja Vu All Over Again, The, Peter T. Wendel
Case Against Plea Bargaining Child Sexual Abuse Charges: Deja Vu All Over Again, The, Peter T. Wendel
Missouri Law Review
There are few people in this world more despicable than child molesters.' I never dreamed that I would ever represent someone accused of such a heinous act.2 Like most lawyers, I went to law school to "save the world," or at least to try to make it a better place. But there really aren't many "save the world" cases out there, and they're usually pro bono. As a relatively young, debt laden attorney, I quickly realized that my chances of getting a "save the world" case were slim to none. That didn't mean I had to accept an accused child …
The Charleston Policy: Substance Or Abuse?, Kimani Paul-Emile
The Charleston Policy: Substance Or Abuse?, Kimani Paul-Emile
Michigan Journal of Race and Law
In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.
No-Drop Prosecution Of Domestic Violence: Just Good Policy, Or Equal Protection Mandate?, Kalyani Robbins
No-Drop Prosecution Of Domestic Violence: Just Good Policy, Or Equal Protection Mandate?, Kalyani Robbins
Faculty Publications
Domestic violence is a problem that must be dealt with for what it is: a criminal act. The only way to effectively diminish it is through the full force of the criminal justice system, which must treat domestic violence the same as it treats crime by strangers. The purpose of this note is to argue that aggressive prosecution of domestic violence-at least to the same extent that other violent crimes are prosecuted-is mandated by the Equal Protection Clause of the Fourteenth Amendment. Part I will examine the extent of the problems that pervade the criminal justice system, both historically and …
Be Careful What You Wish For: An Examination Of Arrest And Prosecution Patterns Of Domestic Violence Cases In Two Cities In Michigan, Andrea Lyon
Law Faculty Publications
No abstract provided.
Be Careful What You Wish For: An Examination Of Arrest And Prosecution Patterns Of Domestic Violence Cases In Two Cities In Michigan, Andrea D. Lyon
Be Careful What You Wish For: An Examination Of Arrest And Prosecution Patterns Of Domestic Violence Cases In Two Cities In Michigan, Andrea D. Lyon
Michigan Journal of Gender & Law
This Article will examine six months of data on arrests for domestic violence in the cities of Ypsilanti and Ann Arbor. In order to be able to interpret what the data means Lyon did some other research. The results were surprising- for example, although women tend to be injured most severely by domestic violence, they use violence in intimate relationships a little more often than men. Part I of this Article traces a brief history of domestic violence and discusses the issue of who commits domestic violence, Part II discusses the "must arrest" and "should arrest" policies and their history, …
Ethics, Law Enforcement, And Fair Dealing: A Prosecutor's Duty To Disclose Nonevidentiary Information, David Aaron
Ethics, Law Enforcement, And Fair Dealing: A Prosecutor's Duty To Disclose Nonevidentiary Information, David Aaron
Fordham Law Review
No abstract provided.
The Civil Regulation Of Prosecutors, Lesley E. Williams
The Civil Regulation Of Prosecutors, Lesley E. Williams
Fordham Law Review
No abstract provided.
Prosecutorial Immunity, Erwin Chemerinsky
Thinking Strategically: How Federal Prosecutors Can Reduce Violent Crime, Elizabeth Glazer
Thinking Strategically: How Federal Prosecutors Can Reduce Violent Crime, Elizabeth Glazer
Fordham Urban Law Journal
Part I of this Article discusses how, in their traditional role, fed- eral prosecutors have limited their function to case-processing and accordingly reduced their natural ability to fashion effective crime- fighting techniques. Part II explores how certain features of the prosecutor's function make him well-placed to act as the federal agencies' strategic thinker. Finally, the Article suggests how the strategic potential of the prosecutor's role could be realized.