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Articles 61 - 90 of 227
Full-Text Articles in Criminal Law
Crashing The Misdemeanor System, Jenny Roberts
Crashing The Misdemeanor System, Jenny Roberts
Washington and Lee Law Review
No abstract provided.
Two Rights To Counsel, Josh Bowers
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
Washington and Lee Law Review
No abstract provided.
Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples
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
Unstoppable V. Unwaivable, Steven Benjamin
Washington and Lee Law Review
No abstract provided.
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
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
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
“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
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
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
Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith
Washington and Lee Law Review
No abstract provided.
Challenging The Habeas Process Rather Than The Result, Justin F. Marceau
Challenging The Habeas Process Rather Than The Result, Justin F. Marceau
Washington and Lee Law Review
Habeas scholarship has repeatedly assessed whether the Antiterrorism and Effective Death Penalty Act’s (AEDPA’s) limitations on federal habeas relief were as severe in practice as they appeared to be on paper. By analyzing recent doctrinal shifts—particularly focusing on two Supreme Court decisions from this Term—and substantial new empirical data, this Article acknowledges that AEDPA’s bite has reached substantial proportions, in many ways exceeding the initial concerns and hype surrounding the legislation. More importantly, after acknowledging that federal habeas relief from state court convictions has become “microscopically” rare, this Article considers what the rarity of relief ought to mean as a …
When The Bezzle Bursts: Restitutionary Distribution Of Assets After Ponzi Schemes Enter Bankruptcy, Mallory A. Sullivan
When The Bezzle Bursts: Restitutionary Distribution Of Assets After Ponzi Schemes Enter Bankruptcy, Mallory A. Sullivan
Washington and Lee Law Review
No abstract provided.
The French Prosecutor In Question, Jacqueline S. Hodgson
The French Prosecutor In Question, Jacqueline S. Hodgson
Washington and Lee Law Review
Both the pre-trial and dispositive roles of the French prosecutor have continued to expand over the last decades with a resulting shift in power away from the trial judge and the juge d'instruction. The recommendations of the Liger Commission in 2009 went beyond the redistribution of authority and proposed the abolition of the juge d'instruction, placing the prosecutor in charge of all criminal investigations, even the most serious, complex, and sensitive. At the same time, the prosecutor's role and status has been challenged in a number of ways-in particular concerning her function as judicial supervisor of the detention and interrogation …
Uncertainty And The Search For Truth At Trial: Defining Prosecutorial "Objectivity" In German Sexual Assault Cases, Shawn Marie Boyne
Uncertainty And The Search For Truth At Trial: Defining Prosecutorial "Objectivity" In German Sexual Assault Cases, Shawn Marie Boyne
Washington and Lee Law Review
According to German legal scholar, Claus Roxin, German prosecutors are the "most objective civil servants" in the world. Roxin 's assessment of German prosecution practice reflects the conviction of many German legal scholars that prosecutors in Germany's inquisitorial system function as second judges dedicated to finding the objective "truth." In this Article I investigate how prosecutors "translate" the normative duty of objectivity enshrined in the German penal code into observable practices on the ground I examine prosecutorial decision-making in three sexual assault trials. Sexual assault cases pose unique challenges to prosecutors as well as to the definition of objectivity. Because …
Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White
Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White
Washington and Lee Law Review
No abstract provided.
Regulating Intrastate Crime: How The Federal Kidnapping Act Blurs The Distinction Between What Is Truly National And What Is Truly Local, Colin V. Ram
Washington and Lee Law Review
No abstract provided.
Rape And The Exception In Turkish And International Law, Ruth A. Miller
Rape And The Exception In Turkish And International Law, Ruth A. Miller
Washington and Lee Law Review
This Comment suggests, first, that Turkey's new (2004) rape law is indebted to recent trends in international sexual legislation, and second, that both Turkish and international rape law are in turn the product of a century of European exceptionalism. The 2004 Turkish criminal code is a text that has redefined the Turkish state's approach to issues ranging from torture to corruption to immigrant smuggling to rape and adultery. Fundamentally a domestic document, it is aimed at rearticulating and liberalizing the state-citizen relationship in Turkey. At the same time, it is emphatically an international text-a spectacle geared toward moving Turkey one …
Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau
Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau
Washington and Lee Law Review
Shortly after coming into power in 1979, General Zia ul-Haq began to Islamize the Pakistan legal system. One measure used to convert Pakistan into an Islamic state was the introduction of hadd offenses-those offenses for which the Qur'an prescribed fixed punishments-into the criminal law. This Article specifically examines the impact of one of these provisions, the Offense of Zina (Enforcement of Hudood) Ordinance, on sexual offenses under the Pakistan Penal Code. This statute criminalized all forms of adultery and fornication outside of a legally valid marriage, including instances of rape where the burden of proof had not been met. In …
Rico At The Border: Interpreting Anza V. Ideal Steel Supply Corp. And Its Effect On Immigration Enforcement, Megan Martha Reed
Rico At The Border: Interpreting Anza V. Ideal Steel Supply Corp. And Its Effect On Immigration Enforcement, Megan Martha Reed
Washington and Lee Law Review
No abstract provided.
Practice What You Preach: How Restorative Justice Could Solve The Judicial Problems In Clergy Sexual Abuse Cases, Diana L. Grimes
Practice What You Preach: How Restorative Justice Could Solve The Judicial Problems In Clergy Sexual Abuse Cases, Diana L. Grimes
Washington and Lee Law Review
No abstract provided.
Third Party Consent Searches And The Fourth Amendment: Refusal, Consent, And Reasonableness, Elizabeth A. Wright
Third Party Consent Searches And The Fourth Amendment: Refusal, Consent, And Reasonableness, Elizabeth A. Wright
Washington and Lee Law Review
No abstract provided.
New Federalism's Unanswered Question: Who Should Prosecute State And Local Officials For Political Corruption?, George D. Brown
New Federalism's Unanswered Question: Who Should Prosecute State And Local Officials For Political Corruption?, George D. Brown
Washington and Lee Law Review
No abstract provided.
The Devil In Us. V. Jones: Church Burnings, Federalism, And A New Look At The Hobbs Act, Thomas Heyward Carter, Iii
The Devil In Us. V. Jones: Church Burnings, Federalism, And A New Look At The Hobbs Act, Thomas Heyward Carter, Iii
Washington and Lee Law Review
No abstract provided.
Script Kiddies Beware: The Long Arm Of U.S. Jurisdiction To Prescribe, John Eisinger
Script Kiddies Beware: The Long Arm Of U.S. Jurisdiction To Prescribe, John Eisinger
Washington and Lee Law Review
No abstract provided.
Proximate Cause In Civil Racketeering Cases: The Misplaced Role Of Victim Reliance, Michael Goldsmith, Evan S. Tilton
Proximate Cause In Civil Racketeering Cases: The Misplaced Role Of Victim Reliance, Michael Goldsmith, Evan S. Tilton
Washington and Lee Law Review
No abstract provided.
Grouping Fraud And Money Laundering Under The Federal Sentencing Guidelines: The Need For Uniformity And Proportionality, Christopher J. Fernandez
Grouping Fraud And Money Laundering Under The Federal Sentencing Guidelines: The Need For Uniformity And Proportionality, Christopher J. Fernandez
Washington and Lee Law Review
No abstract provided.
Predicate Offenses For First Degree Felony Murder In Virginia, Richard Brooks Holcomb
Predicate Offenses For First Degree Felony Murder In Virginia, Richard Brooks Holcomb
Washington and Lee Law Review
No abstract provided.
Pleading For Theft Consolidation In Virginia: Larceny, Embezzlement, False Pretenses And § 19.2-284, John Wesley Bartram
Pleading For Theft Consolidation In Virginia: Larceny, Embezzlement, False Pretenses And § 19.2-284, John Wesley Bartram
Washington and Lee Law Review
No abstract provided.
Death Is Different, Even On The Bayou: The Disproportionality Of Crime And Punishment In Louisiana's Capital Child Rape Statute, J. Chandler Bailey
Death Is Different, Even On The Bayou: The Disproportionality Of Crime And Punishment In Louisiana's Capital Child Rape Statute, J. Chandler Bailey
Washington and Lee Law Review
No abstract provided.