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Full-Text Articles in Law
Place Mattters (Most): An Empirical Study Of Prosecutorial Decision-Making In Death-Eligible Cases, Katherine Y. Barnes, David L. Sloss, Stephen C. Thaman
Place Mattters (Most): An Empirical Study Of Prosecutorial Decision-Making In Death-Eligible Cases, Katherine Y. Barnes, David L. Sloss, Stephen C. Thaman
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This article investigates prosecutorial discretion in death penalty prosecution in Missouri. Based upon an empirical analysis of all intentional-homicide cases from 1997-2001, this article concludes that Missouri law gives prosecutors unconstitutionally broad discretion in charging these cases. This article also finds that prosecutors exercise this broad discretion differently, leading to geographic and racial disparities in sentencing, and concludes with proposals for statutory reform.
I’Ll Huff And I’Ll Puff — But Then You’Ll Blow My Case Away: Dealing With Dismissed And Bad-Faith Defendants Under California’S Anti-Slapp Statute, Jeremiah A. Ho
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Although the original enactment of California’s anti-SLAPP law was commendable, the law itself (section 425.16 of the California Civil Code) has its share of flaws. One particular wrinkle that the California appellate courts still have not ironed out in interpreting section 425.16 involves the situation where the filer of a SLAPP suit voluntarily dismisses his SLAPP suit against the victim. Because the goal of California’s anti-SLAPP statute is to deter the “chilling” effect of SLAPP suits upon the public’s ability to “petition for the redress of grievances” — which includes the cost put forth to defend such suits — the …