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Articles 1 - 9 of 9

Full-Text Articles in Law

Affirming The Thirteenth Amendment, Douglas L. Colbert Oct 2008

Affirming The Thirteenth Amendment, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.


Do Attorneys Really Matter? The Empirical And Legal Case For The Right Of Counsel At Bail, Douglas L. Colbert, Raymond Paternoster, Shawn Bushway Oct 2008

Do Attorneys Really Matter? The Empirical And Legal Case For The Right Of Counsel At Bail, Douglas L. Colbert, Raymond Paternoster, Shawn Bushway

Douglas L. Colbert

No abstract provided.


Broadening Scholarship: Embracing Law Reform And Justice, Douglas L. Colbert Oct 2008

Broadening Scholarship: Embracing Law Reform And Justice, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.


Liberating The Thirteenth Amendment, Douglas L. Colbert Oct 2008

Liberating The Thirteenth Amendment, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.


The Motion In Limine In Politically Sensitive Cases: Silencing The Defendant At Trial, Douglas L. Colbert Oct 2008

The Motion In Limine In Politically Sensitive Cases: Silencing The Defendant At Trial, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.


Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert Oct 2008

Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.


Connecting Theory And Reality: Teaching Gideon And Indigent Defendants' Non-Right To Counsel At Bail, Douglas L. Colbert Oct 2008

Connecting Theory And Reality: Teaching Gideon And Indigent Defendants' Non-Right To Counsel At Bail, Douglas L. Colbert

Douglas L. Colbert

In my article, I critique criminal procedure textbooks' and law professors' limited treatment of the constitutional right to counsel at the bail stage. While explaining that casebook authors usually praise the Supreme Court's landmark decisions in Gideon v. Wainwright and Argersinger v. Hamlin for guaranteeing trial counsel to indigent state defendants, I suggest that they shed minimal light on Gideon's irrelevance to most state defendants when they first appear before a judicial officer. Reviewing leading criminal procedure casebooks, I demonstrate that it is the rare text which informs law students that accused defendants should not expect to find a defense …


Coming Soon To A Court Near You – Convicting The Unrepresented At The Bail Stage: An Autopsy Of A State High Court’S Sua Sponte Rejection Of Indigent Defendants’ Right To Counsel, Douglas L. Colbert Oct 2008

Coming Soon To A Court Near You – Convicting The Unrepresented At The Bail Stage: An Autopsy Of A State High Court’S Sua Sponte Rejection Of Indigent Defendants’ Right To Counsel, Douglas L. Colbert

Douglas L. Colbert

Recently, the Maryland Court of Appeals became the first state court of last resort to reject Gideon v. Wainwright’s guarantee of counsel at the bail stage. In ruling sua sponte that bail is not a critical stage entitling indigent defendants to invoke their constitutional right to counsel, the Fenner Court held that statements offered by an unrepresented and non-Mirandized indigent defendant were admissible at trial. I contend that the Fenner ruling may transform the pretrial fact-gathering process by providing prosecutors with an additional source of evidence against indigent defendants, namely statements made at a judicial proceeding for the purpose of …


The Motion In Limine:Trial Without Jury - A Government's Weapon Against The Sanctuary Movement, Douglas L. Colbert Oct 2008

The Motion In Limine:Trial Without Jury - A Government's Weapon Against The Sanctuary Movement, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.