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Articles 1741 - 1770 of 3077

Full-Text Articles in Constitutional Law

A Cumulative Approach To Ineffective Assistance: New York’S Requirement That Counsel’S Cumulative Efforts Amount To Meaningful Representation - People V. Bodden, Jan Lucas Mar 2013

A Cumulative Approach To Ineffective Assistance: New York’S Requirement That Counsel’S Cumulative Efforts Amount To Meaningful Representation - People V. Bodden, Jan Lucas

Touro Law Review

No abstract provided.


What Are We Searching For? Conditions, Elements, And Requirements For A Valid “Searching Inquiry” In The State Of New York - People V. Crampe, Dean M. Villani Mar 2013

What Are We Searching For? Conditions, Elements, And Requirements For A Valid “Searching Inquiry” In The State Of New York - People V. Crampe, Dean M. Villani

Touro Law Review

No abstract provided.


Flying Solo Without A License: The Right Of Pro Se Defendants To Crash And Burn - People V. Smith, Tiffany Frigenti Mar 2013

Flying Solo Without A License: The Right Of Pro Se Defendants To Crash And Burn - People V. Smith, Tiffany Frigenti

Touro Law Review

No abstract provided.


Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince Mar 2013

Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince

Touro Law Review

No abstract provided.


Someone Call 911, Crawford Is Dying - People V. Duhs, Caroline Knoepffler Mar 2013

Someone Call 911, Crawford Is Dying - People V. Duhs, Caroline Knoepffler

Touro Law Review

No abstract provided.


Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper Mar 2013

Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper

Washington and Lee Law Review

No abstract provided.


Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps Mar 2013

Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps

Washington and Lee Law Review

No abstract provided.


Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg Mar 2013

Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg

Washington and Lee Law Review

No abstract provided.


The Problem With Misdemeanor Representation, Erica Hashimoto Mar 2013

The Problem With Misdemeanor Representation, Erica Hashimoto

Washington and Lee Law Review

No abstract provided.


Gideon Skepticism, Alexandra Natapoff Mar 2013

Gideon Skepticism, Alexandra Natapoff

Washington and Lee Law Review

The criminal defense lawyer occupies a special doctrinal place in criminal procedure. It is the primary structural guarantor of fairness, the single most important source of validation for individual convictions. Conversely, if a person did have a competent lawyer, it generates a set of presumptions that his trial was in fact fair, the evidence sufficient, and his plea knowing and voluntary. This is a highly problematic legal fiction. The presence of counsel advances but cannot guarantee fair trials and voluntary pleas. More fundamentally, a lawyer in an individual case will often be powerless to address a wide variety of systemic …


Crashing The Misdemeanor System, Jenny Roberts Mar 2013

Crashing The Misdemeanor System, Jenny Roberts

Washington and Lee Law Review

No abstract provided.


Two Rights To Counsel, Josh Bowers Mar 2013

Two Rights To Counsel, Josh Bowers

Washington and Lee Law Review

No abstract provided.


Too Poor To Hire A Lawyer But Not Indigent: How States Use The Federal Poverty Guidelines To Deprive Defendants Of Their Sixth Amendment Right To Counsel, John P. Gross Mar 2013

Too Poor To Hire A Lawyer But Not Indigent: How States Use The Federal Poverty Guidelines To Deprive Defendants Of Their Sixth Amendment Right To Counsel, John P. Gross

Washington and Lee Law Review

No abstract provided.


Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples Mar 2013

Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples

Washington and Lee Law Review

No abstract provided.


Unstoppable V. Unwaivable, Steven Benjamin Mar 2013

Unstoppable V. Unwaivable, Steven Benjamin

Washington and Lee Law Review

No abstract provided.


Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas Mar 2013

Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas

Washington and Lee Law Review

No abstract provided.


Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan Mar 2013

Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan

Washington and Lee Law Review

No abstract provided.


“Potential Innocence”: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller Mar 2013

“Potential Innocence”: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller

Washington and Lee Law Review

No abstract provided.


Lamentations, Celebrations, And Innovations: Gideon At 50, John D. King Mar 2013

Lamentations, Celebrations, And Innovations: Gideon At 50, John D. King

Washington and Lee Law Review

No abstract provided.


Validating The Right To Counsel, Brandon L. Garrett Mar 2013

Validating The Right To Counsel, Brandon L. Garrett

Washington and Lee Law Review

No abstract provided.


Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith Mar 2013

Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith

Washington and Lee Law Review

No abstract provided.


United States V. Salvucci: The Problematic Absence Of Automatic Standing, William C. Bollard Feb 2013

United States V. Salvucci: The Problematic Absence Of Automatic Standing, William C. Bollard

Pepperdine Law Review

The United States Supreme Court recently abolished the automatic standing rule in United States v. Salvucci. The author analyzes the difficulties created for the criminal defendant charged with a possessory crime. In particular, this note focuses on the inequitable position the defendant is placed in when his suppression hearing testimony is used as a tool to impeach subsequent testimony offered at trial. The author continues by pointing out that the "prosecutorial self-contradiction," sought to be abolished in Salvucci, remains a part of our present judicial system. In conclusion, the author offers several considerations that will necessarily be an integral part …


United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations, Kevin T. Kerr Feb 2013

United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations, Kevin T. Kerr

Pepperdine Law Review

Despite the Burger Court's history of judicial conservatism, the Supreme Court in United States v. Henry exceeds the liberality of the Warren Court in the area of criminal defendant rights. The decision in Henry clearly provides further limitations upon the government's ability to conduct interrogations. The author examines the Court's factual and legal analysis of the case, emphasizes how the test established in Henry surpasses the rule promulgated in Massiah, and discusses the decision's impact as well as the curious turnabout of Chief Justice Burger.


United States V. Ross: Search And Seizure Made Simple, Donald L. Dalton Feb 2013

United States V. Ross: Search And Seizure Made Simple, Donald L. Dalton

Pepperdine Law Review

The United States Supreme Court in United States v. Ross vastly simplified the process of searching closed containers found in an automobile during a lawful Carroll search yet, at the same time, placed in question the importance of the search warrant in the scheme of fourth amendment jurisprudence by equating the policeman's determination of probable cause with that of the magistrate.


Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter Feb 2013

Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter

Pepperdine Law Review

Federal prosecutors' awareness of political corruption at the state and local levels has recently increased concomitantly to the incidence of disclosures and prosecutions of similar corruption at the federal level. Because local law enforcement officials have frequently been unable or unwilling to pursue local political corruption, federal prosecutors have increasingly assumed responsibility for the policing of non-federal political criminal activity, even in the absence of definitive statutory grounds. In this article, the author examines the legal basis upon which federal prosecution of local political corruption is conducted. It is asserted that existing federal judicial and legislative limitations provide an inexact …


Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth Feb 2013

Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth

Pepperdine Law Review

On January 1, 1982, the new California drunk driving law went into effect. This law makes it a crime to drive a motor vehicle where one's blood alcohol level is .10 or more. The law also marks a legislative attempt to curtail the practice of plea bargaining in drunk driving cases and significantly increases the penalties imposed upon those convicted of drunk driving. This Comment will discuss the provisions of the new drunk driving law and examine its constitutionality.


An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term, Richard Klein Feb 2013

An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term, Richard Klein

Touro Law Review

No abstract provided.


Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman Feb 2013

Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman

Touro Law Review

No abstract provided.


A Constitutional Determination Of The Duty Of Court-Appointed Appellate Counsel: An Analysis Of Jones V. Barnes , Catherine D. Purcell Feb 2013

A Constitutional Determination Of The Duty Of Court-Appointed Appellate Counsel: An Analysis Of Jones V. Barnes , Catherine D. Purcell

Pepperdine Law Review

No abstract provided.


In Personam (Criminal) Forfeiture And Federal Drug Felonies: An Expansion Of A Harsh English Tradition Into A Modern Dilemma, William J. Hughes, Edward H. O'Connell Jr. Feb 2013

In Personam (Criminal) Forfeiture And Federal Drug Felonies: An Expansion Of A Harsh English Tradition Into A Modern Dilemma, William J. Hughes, Edward H. O'Connell Jr.

Pepperdine Law Review

No abstract provided.