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Open Access. Powered by Scholars. Published by Universities.®

2013

Series

Law and Society

Criminal justice

Articles 1 - 2 of 2

Full-Text Articles in Law

Understanding The Determinants Of U.S. District Court Judges' Decisions On Patriot Act Cases, Daniel Mccarthy Jan 2013

Understanding The Determinants Of U.S. District Court Judges' Decisions On Patriot Act Cases, Daniel Mccarthy

Honors Projects

Prior research on federal court judges suggests that their judgments are not made solely on legal principles, but on the basis of political ideology and “strategic anticipation” of the actions of reviewing courts. This study seeks to empirically test the role these factors play in Federal District Court decisions involving the U.S.A. Patriot Act of 2001. The results indicate that both political policy preference and strategic anticipation have an effect on the judicial decisions of U.S. District Court judges. Due to statistical complications, however, it was not possible to determine their relative effects on the outcomes of Patriot Act cases.


Effective Trial Counsel After Martinez V. Ryan: Focusing On The Adequacy Of State Procedures, Eve Brensike Primus Jan 2013

Effective Trial Counsel After Martinez V. Ryan: Focusing On The Adequacy Of State Procedures, Eve Brensike Primus

Articles

Everyone knows that excessive caseloads, poor funding, and a lack of training plague indigent defense delivery systems throughout the states, such that the promise of Gideon v. Wainwright is largely unfulfilled. Commentators have disagreed about how best to breathe life into Gideon . Many disclaim any possibility that federal habeas corpus review of state criminal cases could catalyze reform give n the many procedural obstacle s that currently prevent state prisoners from getting into federal court. But the Supreme Court has recently taken a renewed interest in using federal habeas review to address the problem of ineffective attorneys in state …