Criminal Law Commons^™

Beyond “Life And Liberty”: The Evolving Right To Counsel, John D. King

Scholarly Articles

The majority of Americans, if they have contact with the criminal justice system at all, will experience it through misdemeanor courtrooms. More than ever before, the criminal justice system is used to sort, justify, and reify a separate underclass. And as the system of misdemeanor adjudication continues to be flooded with new cases, the value that is exalted over all others is efficiency. The result is a system that can make it virtually painless to plead guilty (which has always been true for low-level offenses), but that is now overlaid with a new system of increasingly harsh collateral consequences. The …

Plea Bargaining In The Shadow Of The Constitution, Richard L. Lippke

Duquesne Law Review

In two recent decisions, the United States Supreme Court moved further in the direction of at least limited constitutionalization of plea bargaining. A majority on the Court held that criminal defendants must be given "effective assistance" by their attorneys as they contemplate whether to waive important legal rights and enter guilty pleas. Fortunately for the Court, the defense attorneys in the two cases had almost comically failed to do their jobs and thus the majority could, as it acknowledged, avoid addressing in any very thorough way the parameters of effective assistance in the plea bargaining context. In spite of this, …

Understanding Immigration: Satisfying Padilla's New Definition Of Competence In Legal Representation, Yolanda Vazquez

Faculty Articles and Other Publications

Panel Discussion on Padilla v. Kentucky.

Criminal Securities Fraud And The Lower Materiality Standard, Wendy Gerwick Couture

Articles

No abstract provided.

Slipping Through The Cracks: The Dual Victimization Of Human-Trafficking Survivors, Allison L. Cross

McGeorge Law Review

No abstract provided.

Factually Innocent Without Dna? An Analysis Of Utah's Factual Innocence Statute, Nic Caine

Utah OnLaw: The Utah Law Review Online Supplement

Since 1989, DNA evidence has fueled the innocence movement, helping hundreds prove their innocence and obtain freedom. DNA technology has been an invaluable development for the innocence movement, and DNA technology will continue to advance and improve in the future. DNA evidence is not available in the majority of cases, however, and many believe that DNA exonerations will eventually diminish as DNA analysis becomes more widely available. Furthermore, “for every DNA exoneree there are hundreds if not over a thousand wrongfully convicted defendants whose cases do not contain biological evidence that could prove innocence.”150 It is time for other states …

A Primer On The 2011 Corrections Realignment: Why California Placed Felons Under County Control, Steven Thomas Fazzi

McGeorge Law Review

No abstract provided.

Go Directly To Jail: How Misaligned Subsidies Undermine California’S Prisoner Realignment Goals And What Is Possible To Maximize The Law’S Potential, Andrew M. Ducart

McGeorge Law Review

No abstract provided.

Getting A Break From Forever: Chapter 828 Provides An Opportunity For Juveniles Sentenced To Life Without Parole To Get Their Lives Back, Roman Edwards

McGeorge Law Review

No abstract provided.

Meaningless Opportunities: Graham V. Florida And The Reality Of De Facto Lwop Sentences, Mark T. Freeman

McGeorge Law Review

No abstract provided.

The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda E. Carter

McGeorge Law Review

No abstract provided.

Confession For The Soul?: A Defense Lawyer's Moral Advice To A Guilty Client, Jeffrey Kirchmeier

Publications and Research

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16 Things Every Defense Attorney Should Know About Fair Cross-Section Challenges, Nina Chernoff, Joseph B. Kadane

Publications and Research

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Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman

Publications and Research

No abstract provided.

Plea Bargains That Waive Claims Of Ineffective Assistance - Waiving Padilla And Frye, Nancy J. King

Duquesne Law Review

In a criminal justice system where procedural rights are freely traded for sentencing and charging concessions, each heralded decision of the Supreme Court enforcing or expanding a right of the accused produces yet another bargaining chip for the defense. As rights expand, so do waivers of the opportunity to enforce those rights on review. As one court stated, the government "enters into plea agreements to avoid costly litigation, not to postpone it." It was, then, unsurprising when, amid the accolades for the Court's decisions in Missouri v. Frye and Lafler v. Cooper, one exprosecutor suggested that defendants should have …

Lafler And Frye: Two Small Band-Aids For A Festering Wound, Albert W. Alschuler

Duquesne Law Review

Imagine that you are on death row, and imagine that the incompetence of your lawyer has put you there. A witness at your trial testified that you waited at the wheel of a getaway car while two accomplices robbed a liquor store and one of them shot and killed the clerk. Shortly after your arrest, the prosecutor offered to permit you and your co-defendants to plead guilty to voluntary manslaughter and armed robbery. This offer would have limited your sentence to 25 years. Your co-defendants, including the alleged triggerman, accepted the offer. You would have accepted the offer too if …

Only Fools Who Send Hyenas To Roast Meat For Them: In Search Of The Doctrinal Foundations Of The Not-So-Ordinary Crime Of Patrimonicide, Ndiva Kofele-Kale

Florida A & M University Law Review

Crimes against humanity are generally considered crimes of such unimaginable horror that they shock the conscience of mankind. The Article challenges the international community to take a mental leap by recognizing that the contemporary version of official corruption is so fundamentally different from its historical antecedents that it deserves to (a) be called a different name: indigenous spoliation or patrimonicide; and (b), to be treated as an extraordinary crime that rises up to the level of a crime against humanity. Towards this end, the Article reviews the basic elements of a crime against humanity identified in various legal instruments, and …

Removing The Presumption Of Innocence: A Constitutional Analysis Of The Ogden Trece Gang Injunction, Megan K. Baker

Utah OnLaw: The Utah Law Review Online Supplement

Gang activity poses a substantial problem in many communities. The city of Ogden, Utah, is home to many gangs, and law enforcement is constantly looking for a way to decrease gang violence. In an attempt to reduce gang violence in Ogden, Judge Ernie Jones issued the Ogden Trece gang injunction on September 27, 2010, in Weber County, Utah. The injunction, based on several similar injunctions in California, affects hundreds of alleged Ogden Trece gang members and spans an area including virtually the entire city of Ogden. The injunction prohibits those enjoined from engaging in various illegal activities as well as …

Beginning To Seize The Instrumentalities Of Human Trafficking: Chapter 514 Allows Criminal Forfeiture Of Property Used To Facilitate The Sex Trafficking Of Minors, Scott Davidson Dyle

McGeorge Law Review

No abstract provided.

Chapter 515: Combating Human Trafficking By Enhancing Awareness Through Public Postings, Scott Davidson Dyle

McGeorge Law Review

No abstract provided.

The Carrot And The Stick: Tailoring California’S Unlawful Marijuana Cultivation Statute To Address California’S Problems, Hunter E. Starr

McGeorge Law Review

No abstract provided.

Bargaining Practices: Negotiating The Kampala Compromise For The International Criminal Court, Noah Weisbord

Faculty Publications

At the International Criminal Court's (ICC) Review Conference in 2010, the ICC's Assembly of States Parties (ASP) agreed upon a definition of the crime of aggression, jurisdictional conditions, and a mechanism for its entry into force (the "Kampala Compromise"). These amendments give the ICC jurisdiction to prosecute political and military leaders of states for planning, preparing, initiating, or executing illegal wars, beginning as early as January 2017.

This article explains the bargaining practices of the diplomats that gave rise to this historic development in international law. This article argues that the international-practices framework, as currently conceived, does not adequately capture …

The Mens Rea Of The Crime Of Aggression, Noah Weisbord

Faculty Publications

This article, written in commemoration of the tenth anniversary of the International Criminal Court (ICC), explores the mens rea of the crime of aggression. The definition and jurisdictional conditions of the crime of aggression was recently incorporated into the ICC’s Rome Statute, thereby reviving a crime used during the Nuremberg trials to prosecute Nazi leaders after World War II. Mens rea is an important, even central, consideration when judging whether a defendant has satisfied all of the elements of the crime of aggression.

The starting point for this exploration of the mens rea of the crime of aggression is its …

Sex Trafficking Of Minors In The United States: State Legislative Response Models, Elizabeth Lamura

Children's Legal Rights Journal

No abstract provided.

Considering Child Trauma Issues In Juvenile Court Sentencing, Gene Griffin, Sarah Sallen

Children's Legal Rights Journal

No abstract provided.

A Letter To Congress: The Communications Decency Act Promotes Human Trafficking, Abigail Kuzma

Children's Legal Rights Journal

No abstract provided.

Statistically Speaking: Distinguishing Misinformation From Effective Intervention In The Court System’S Treatment Of Ptsd-Affected Juvenile Sex Offenders, Kathryn Huber

Children's Legal Rights Journal

No abstract provided.

Spotlight On: How The Internet Facilitates Underage Victimization In Human Trafficking, Victoria Vanderschaaf

Children's Legal Rights Journal

No abstract provided.

Legislative Update: A Look At Juvenile Life Without Parole Post-Miller, Kelcy Whitaker

Children's Legal Rights Journal

No abstract provided.

The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.