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Articles 1 - 13 of 13
Full-Text Articles in Law
A Court Of Two Minds, Bert I. Huang
A Court Of Two Minds, Bert I. Huang
Faculty Scholarship
What do the Justices think they’re doing? They seem to act like appeals judges, who address questions of law as needed to reach a decision — and yet also like curators, who single out only certain questions as worthy of the Supreme Court’s attention. Most of the time, the Court’s “appellate mind” and its “curator mind” are aligned because the Justices choose to hear cases where a curated question of interest is also central to the outcome. But not always. In some cases, the Court discovers that it cannot reach — or no longer wishes to reach — the originally …
Standing Between The Past And The Future, How Defense Attorneys Use Stigma Management Techniques In Presenting Their Closing Arguments In Capital Sentencing Procedures: A Content Analysis, Abdulrahmane Abdul-Aziz
Standing Between The Past And The Future, How Defense Attorneys Use Stigma Management Techniques In Presenting Their Closing Arguments In Capital Sentencing Procedures: A Content Analysis, Abdulrahmane Abdul-Aziz
All Graduate Theses, Dissertations, and Other Capstone Projects
In the penalty-phase of a capital case, defense attorneys face a difficult task in managing the identity of their now convicted client. They must present a coherent narrative that combats the prosecution’s case and engenders leniency from the jury. The closing argument given by the defense attorney(s) provides a unique opportunity to analyze and understand the general use of stigma management techniques and their applicability to capital cases. Using content analysis, 18 Transcripts from Texas capital cases from 2005 to 2015 were analyzed against the relevant techniques of neutralization (Sykes & Matza, 1957): appeal to a higher loyalty, appeal to …
Lockett Symposium: For Sandra Lockett, Anthony G. Amsterdam
Lockett Symposium: For Sandra Lockett, Anthony G. Amsterdam
ConLawNOW
Tony Amsterdam, lead counsel for Sandra Lockett in the U.S. Supreme Court case Lockett v. Ohio, offers his reflections on the case.
Foster V. Chatman: A Missed Opportunity For Batson And The Peremptory Challenge, Nancy Marder
Foster V. Chatman: A Missed Opportunity For Batson And The Peremptory Challenge, Nancy Marder
All Faculty Scholarship
In 2016, the United States Supreme Court decided that the prosecutors in Foster v. Chatman exercised race-based peremptory challenges in violation of Batson v. Kentucky. The Court reached the right result, but missed an important opportunity. The Court should have acknowledged that after thirty years of the Batson experiment, it is clear that Batson is unable to stop discriminatory peremptory challenges. Batson is easy to evade, so discriminatory peremptory challenges persist and the harms from them are significant. The Court could try to strengthen Batson in an effort to make it more effective, but in the end the only way …
New Strategies For The Defense Of Capital Cases, Dennis N. Balske
New Strategies For The Defense Of Capital Cases, Dennis N. Balske
Akron Law Review
Practically all capital defendants are poor people. Accordingly, the lawyer representing a capital defendant is usually court-appointed and has probably never tried a death case. In smaller communities, he or she may have represented a few criminal defendants, but does not specialize in criminal law. In larger metropolitan areas, overworked public defenders often times must shoulder the responsibilities of capital cases. Sobered by the possible sentence faced in the event of conviction, the defense lawyer seeks out new ideas, publications in the field, and practical advice or actual assistance from lawyers with expertise in trying capital cases. This article attempts …
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Performing Discretion Or Performing Discrimination: An Analysis Of Race And Ritual In Batson Decisions In Capital Jury Selection, Melynda J. Price
Performing Discretion Or Performing Discrimination: An Analysis Of Race And Ritual In Batson Decisions In Capital Jury Selection, Melynda J. Price
Law Faculty Scholarly Articles
Research shows the mere presence of Blacks on capital juries--on the rare occasions they are seated--can mean the difference between life and death. Peremptory challenges are the primary method to remove these pivotal participants. Batson v. Kentucky developed hearings as an immediate remedy for the unconstitutional removal of jurors through racially motivated peremptory challenges. These proceedings have become rituals that sanction continued bias in the jury selection process and ultimately affect the outcome of capital trials. This Article deconstructs the role of the Batson ritual in legitimating the removal of African American jurors. These perfunctory hearings fail to meaningfully interrogate …
Capital Defense Lawyers: The Good, The Bad, And The Ugly, Sean O'Brien
Capital Defense Lawyers: The Good, The Bad, And The Ugly, Sean O'Brien
Faculty Works
No abstract provided.
Justice For The Forgotten And Despised, David C. Leven
Justice For The Forgotten And Despised, David C. Leven
Touro Law Review
No abstract provided.
Right To Counsel, Supreme Court, Appellate Division Second Department, People V. Taylor
Right To Counsel, Supreme Court, Appellate Division Second Department, People V. Taylor
Touro Law Review
No abstract provided.
Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Daniel C. Richman, Bruce A. Green
Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Daniel C. Richman, Bruce A. Green
Faculty Scholarship
As a general rule, criminal defendants whose cases made it to the Supreme Court between 1967 and 1991 must have thought that, as long as Justice Thurgood Marshall occupied one of the nine seats, they had one vote for sure. And Justice Marshall rarely disappointed them – certainly not in cases of any broad constitutional significance. From his votes and opinions, particularly his dissents, many were quick to conclude that the Justice was another of those "bleeding heart liberals," hostile to the mission of law enforcement officers and ready to overlook the gravity of the crimes of which the defendants …
Criminal Procedure—Peremptory Challenges In Felony Prosecutions, Pamela J. Bryan
Criminal Procedure—Peremptory Challenges In Felony Prosecutions, Pamela J. Bryan
University of Arkansas at Little Rock Law Review
No abstract provided.
Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar
Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar
Michigan Law Review
I am quite distressed by talk that the landmark case of Mapp v. Ohio "suggests by analogy" that the Court may now overrule Betts v. Brady. For whether one talks about the fourth or the sixth amendment, there is much to be said for Justice Harlan's dissenting views in Mapp. "[W]hatever configurations ... have been developed in the particularizing federal precedents" should not be "deemed a part of 'ordered liberty,' and as such ... enforceable against the States .... [W]e would not be true to the Fourteenth Amendment were we merely to stretch the general principle [ of …