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Articles 1 - 6 of 6
Full-Text Articles in Law
Interrogating The Nonincorporation Of The Grand Jury Clause, Roger Fairfax
Interrogating The Nonincorporation Of The Grand Jury Clause, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
With the Supreme Court's recent incorporation-in Ramos v. Louisiana of the Sixth Amendment's jury unanimity requirement to apply to the states, the project of "total incorporation" is all but complete in the criminal procedure context. Virtually every core criminal procedural protection in the Bill of Rights has been incorporated through the Due Process Clause of the Fourteenth Amendment to constrain not only the federal government but also the states with one exception. The Fifth Amendment's grand jury right now stands alone as the only federal criminal procedural right the Supreme Court has permitted states to ignore. In one of the …
Why Misdemeanors Matter: Defining Effective Advocacy In The Lower Criminal Courts, Jenny M. Roberts
Why Misdemeanors Matter: Defining Effective Advocacy In The Lower Criminal Courts, Jenny M. Roberts
Articles in Law Reviews & Other Academic Journals
Most individuals accused in our nation's criminal courts are not charged with murder, rape, drug sales, or even less serious felonies. The vast majority of charges are in the lower courts, for misdemeanors such asmarijuana possession, driving with a license suspension for failure to pay tickets, assault, disorderly conduct, or public intoxication. Misdemeanor adjudications have exploded in recent years, with one recent study estimating that the volume of misdemeanor cases nationwide has risen from five to more than ten million between 1972 and 2006. At the same time, violent crime and the number of felony cases across the country have …
Mixed Messages: The Supreme Court’S Conflicting Decisions On Juries In Death Penalty Cases, Kenneth Miller, David Niven
Mixed Messages: The Supreme Court’S Conflicting Decisions On Juries In Death Penalty Cases, Kenneth Miller, David Niven
American University Criminal Law Brief
No abstract provided.
Procuring The Right To An Unfair Trial: Federal Rule Of Evidence 804(B)(6) And The Due Process Implications Of The Rule's Failure To Require Standards Of Reliability For Admissible Evidence, Kelly Rutan
American University Law Review
This Comment argues that though the doctrine of forfeiture by wrongdoing allows a court to forfeit both a defendant’s right to object to the admission of hearsay statements and the right of confrontation, the current state of the law requires all out-of-court statements admitted under Rule 804(b)(6) to possess some level of reliability in order to satisfy due process. Part I of this Comment discusses the doctrine of forfeiture by wrongdoing, the courts’ treatment of this principle prior to 1997, and its codification into the Federal Rules of Evidence. Part II looks at Confrontation Clause issues unique to hearsay exceptions …
A Claim For Third Party Standing In America's Prisons, N. Jeremi Duru
A Claim For Third Party Standing In America's Prisons, N. Jeremi Duru
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Sixth Amendment On Ice-United States V. Jones: Whether Sentence Enhancements For Failure To Plead Guilty Chill The Exercise Of The Right To Trial, Andrew Neal Siegel
The Sixth Amendment On Ice-United States V. Jones: Whether Sentence Enhancements For Failure To Plead Guilty Chill The Exercise Of The Right To Trial, Andrew Neal Siegel
American University Law Review
No abstract provided.