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Articles 1861 - 1890 of 2377
Full-Text Articles in Criminal Law
Changing The Role Of Appellate Judges In Capital Cases, Sam Kamin
Changing The Role Of Appellate Judges In Capital Cases, Sam Kamin
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Open Discussion: Post-Trial Review
Open Discussion: Post-Trial Review
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring
Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Death Qualification And True Bifurcation: Building On The Massachusetts Governor's Council's Work, Sam Kamin, Jeffrey J. Pokorak
Death Qualification And True Bifurcation: Building On The Massachusetts Governor's Council's Work, Sam Kamin, Jeffrey J. Pokorak
Indiana Law Journal
No abstract provided.
Response To Professors Kamin And Pokorak, Joseph L. Hoffmann
Response To Professors Kamin And Pokorak, Joseph L. Hoffmann
Indiana Law Journal
No abstract provided.
Welcoming Remarks, Joseph L. Hoffmann, William J. Mead
Welcoming Remarks, Joseph L. Hoffmann, William J. Mead
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report
False Positives And False Negatives In Capital Cases, Erik Lillquist
False Positives And False Negatives In Capital Cases, Erik Lillquist
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
The Problem Of Death Qualification, Nancy J. King
The Problem Of Death Qualification, Nancy J. King
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Fairness In The Application Of The Death Penalty, Edwin Colfax
Fairness In The Application Of The Death Penalty, Edwin Colfax
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
The Process Of The Governor's Council, Michael J. Sullivan
The Process Of The Governor's Council, Michael J. Sullivan
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Open Discussion: Capital Crime
Open Discussion: Capital Crime
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Narrowing The Class Of Death-Eligible Crimes, Paula Sites
Narrowing The Class Of Death-Eligible Crimes, Paula Sites
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Negative Effects Of Capital Jury Selection, Andrea D. Lyon
Negative Effects Of Capital Jury Selection, Andrea D. Lyon
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
The Psychology Of Capital Punishment, Shelia M. Murphy
The Psychology Of Capital Punishment, Shelia M. Murphy
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Open Discussion: Capital Jury
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Moral Accuracy And "Wobble" In Capital Sentencing, Scott E. Sundby
Moral Accuracy And "Wobble" In Capital Sentencing, Scott E. Sundby
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Unintended Consequences Of The Scientific Evidence Requirement, Jeffrey J. Pokorak
Unintended Consequences Of The Scientific Evidence Requirement, Jeffrey J. Pokorak
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Forensic Science Or Forgettable Science?, Craig M. Cooley
Forensic Science Or Forgettable Science?, Craig M. Cooley
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
The Value Of Procedure, Stephen R. Creason
The Value Of Procedure, Stephen R. Creason
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Concluding Remarks, Joseph L. Hoffmann
Concluding Remarks, Joseph L. Hoffmann
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Consistency, Proportionality, And Substantive Judicial Review In Capital Sentencing, H. Geoffrey Moulton Jr.
Consistency, Proportionality, And Substantive Judicial Review In Capital Sentencing, H. Geoffrey Moulton Jr.
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
Open Discussion: Role Of Scientific Evidence
Open Discussion: Role Of Scientific Evidence
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
The Ictr And Justice For Rwandan Women, Mark A. Drumbl
The Ictr And Justice For Rwandan Women, Mark A. Drumbl
Scholarly Articles
In this article, I hope to spring from the discussion of the ICTR's gender jurisprudence to a broader conversation that touches on the relationship between this jurisprudence and life for Rwandan women today. In particular, I'd like to consider three questions: What do both the gender jurisprudence and the jurisprudence at large of the ICTR mean to women, individually and collectively, in Rwanda? How do other modalities of accountability that operate in postgenocide Rwanda respond to gender violence and promote gender equality? What is the situation of Rwandan women today?
Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz
Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz
Law Faculty Scholarship
Imagine that you are falsely accused of a serious crime and that you are now on trial before a judge and jury. You knew before the trial began that the judge had a reputation as a “law and order” judge, as a judge who was not at all receptive to the arguments of most criminal defense attorneys. You have been watching as the judge and your attorney have been engaged in what appears to be an adversarial battle throughout the trial, but you have taken some comfort in the fact that it will be the jury, not the judge, who …
Gates V. Cook: Are Courts Equipped To Manage Prisons?, Katherine T. Wainwright
Gates V. Cook: Are Courts Equipped To Manage Prisons?, Katherine T. Wainwright
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
In (Slightly Uncomfortable) Defense Of ‘Triage’ By Public Defenders, John B. Mitchell
In (Slightly Uncomfortable) Defense Of ‘Triage’ By Public Defenders, John B. Mitchell
Faculty Articles
This article argues that triaging is necessary for public defenders and is a response to the work of Professor Freedman. Because states lack money in areas of greater community concern, the defense of indigent criminals is neglected and substantial resources are not likely to be forthcoming. The author previously set out a solution of triaging, which can be conducted either haphazardly or according to some set of rational principles based on ethical theory. The author concurs with Professor Freedman to the extent that the United States Supreme Court in Strickland v. Washington effectively ensures that Sixth Amendment Constitutional guarantees will …
Crawford V. Washington: Encouraging And Ensuring The Confrontation Of Witness, Robert P. Mosteller
Crawford V. Washington: Encouraging And Ensuring The Confrontation Of Witness, Robert P. Mosteller
University of Richmond Law Review
No abstract provided.
Should Parents Be Allowed To Record A Child's Telephone Conversations When They Believe The Child Is In Danger?: An Examination Ofthe Federal Wiretap Statute And The Doctrine Of Vicarious Consent In The Context Of A Criminal Prosecution, Daniel R. Dinger
Seattle University Law Review
This Article addresses the little-used but important doctrine of vicarious consent; in particular, the Article argues that the doctrine should be more widely accepted by the criminal courts. Part II gives a brief overview of the federal wiretap statute, its state law counterparts, and the doctrine of vicarious consent that has emerged as courts have interpreted federal and state wiretap legislation. Part III addresses the doctrine's viability and, as referenced above, argues that it should be accepted by the criminal courts. Specifically, Part III argues that when a parent records a child's telephone conversations with a third party out of …
Judicial Oversight Of Negotiated Sentences In A World Of Bargained Punishment, Nancy J. King
Judicial Oversight Of Negotiated Sentences In A World Of Bargained Punishment, Nancy J. King
Vanderbilt Law School Faculty Publications
Prosecutors control statutory ranges by selecting charges. In addition, prosecutors decide whether to use or forego special sentencing statutes that carry mandatory minimum penalties higher than the maximum Guidelines sentence that would otherwise apply to the defendant's conduct, as well as statutes that authorize a sentence lower than the minimum Guidelines sentence that would otherwise apply ("safety valve," "substantial assistance," and Rule 35 reductions). By creating these additional provisions and then removing any effective judicial oversight of their application, Congress has expanded the opportunities for prosecutors to decide when to opt out of the national Guidelines and when to abide …
Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries
Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries
Faculty Law Review Articles
Domestic violence offenses are difficult to prosecute because the batterer's actions often make the victim unavailable to testify. Since the mid- 1990s, prosecutors have pursued "victimless" prosecutions' to combat the problem.2 Victimless prosecutions seek to introduce reliable evidence without the victim's in-court testimony, often to maintain the victim's safety or to avoid re-victimizing the victim.3 The victimless prosecution is based largely on the admission of hearsay statements that a victim makes to 911 operators, police officers, doctors, nurses, paramedics, and social workers.4 Victimless prosecution has been a highly successful tool in society's efforts to eradicate domestic violence and it is …