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Articles 6241 - 6270 of 7302
Full-Text Articles in Criminal Procedure
The Definition Of Hearsay: To Each Its Own, Roger C. Park
The Definition Of Hearsay: To Each Its Own, Roger C. Park
Faculty Scholarship
No abstract provided.
Probability And Proof In State V. Skipper: An Internet Exchange, Roger C. Park, Ronald J. Allen
Probability And Proof In State V. Skipper: An Internet Exchange, Roger C. Park, Ronald J. Allen
Faculty Scholarship
No abstract provided.
Let's Try A Small Claims Calendar For The U.S. Courts, William W. Schwarzer
Let's Try A Small Claims Calendar For The U.S. Courts, William W. Schwarzer
Faculty Scholarship
No abstract provided.
Cooperating Clients, Daniel Richman
Cooperating Clients, Daniel Richman
Faculty Scholarship
Indicted on serious narcotics charges, Jose Lopez retained Barry Tarlow to “vigorously defend and try the case.” Tarlow was up to the task but warned Lopez that it was “his general policy not to represent clients in negotiations with the government concerning cooperation,” and that he did not plan to make any exception for Lopez. As Tarlow later explained, he found such negotiations “personally[,] morally and ethically offensive.” This arrangement suited Lopez just fine, until he wavered in his resolution. Encouraged by a co-defendant, worried about his children, and hoping to obtain an early release from prison …
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
The Invisible Cupola: From Casual To Collective Attribution In Ecological Liability, Gunther Teubner
The Invisible Cupola: From Casual To Collective Attribution In Ecological Liability, Gunther Teubner
Cardozo Law Review
When I speak about the cupola, it is not Brunelleschi's architectural masterpiece crowning the Florentine duomo that appears before my eyes. Rather, I see the ugly architecture of organized crime, the brutal supersecret "cupola" on top of the Mafia's hierarchy which overshadows social life in Italy. Does this cupola exist or not? Over the recent years, the Mafia's cupola has been the object of a bitter struggle between Italian judges. While the lower courts have been sending numerous mafiosi to prison because they were part of the invisible cupola controlling "tutti i grandi delitti," the court of the next instance …
The Criminal Defense Lawyer's Reliance On Bias And Prejudice, Eva Nilsen
The Criminal Defense Lawyer's Reliance On Bias And Prejudice, Eva Nilsen
Faculty Scholarship
This Article is divided into three parts. Part I examines both the many contexts in which criminal defense lawyers and clinical students encounter bias and prejudice,12 and the commonly-raised objections to its exploitation. Part II looks at the way the tactical use of bias relates to a lawyer's duty of zealous advocacy. Here, the Article focuses on whether existing ethics rules provide guidance for a lawyer's use of bias and whether proposed rules aimed at eliminating such advocacy would improve or diminish justice. This article argues against such efforts because they impinge on legitimate lawyering, and they may distract …
Testing Penry And Its Progeny , Deborah W. Denno
Testing Penry And Its Progeny , Deborah W. Denno
Faculty Scholarship
In Penry v. Lynaugh, the United States Supreme Court held that the Texas death penalty statute was applied unconstitutionally because the trial court gave no instructions allowing the jury to “consider and give effect to” the defendant's mitigating evidence of organic brain damage, moderate retardation, and disadvantaged background. The Court considered these mitigating factors relevant because of society's steadfast belief in the lesser culpability of defendants whose criminal acts are due to a disadvantaged background, or to emotional and mental disorders. The jury must have full consideration of such evidence in order to give its “reasoned moral response” to the …
Prosecutors And Domestic Violence: Local Leadership Makes A Difference, Janet E. Findlater, Dawn Van Hoek
Prosecutors And Domestic Violence: Local Leadership Makes A Difference, Janet E. Findlater, Dawn Van Hoek
Law Faculty Research Publications
No abstract provided.
Prosecution Discovery In The U.S.: A Balancing Perspective, Christopher Slobogin
Prosecution Discovery In The U.S.: A Balancing Perspective, Christopher Slobogin
Vanderbilt Law School Faculty Publications
In R. v. Stinchcombe, the Supreme Court of Canada held that the Crown has a legal duty to disclose all relevant information, exculpatory and inculpatory, to a defendant charged with an indictable offence. Left undiscussed by the decision, and by Canadian decisional and statutory law generally, is the scope of discovery against the defence. A description and analysis of the American experience in this regard may be of interest to Canadian practitioners and academics.
Prior to the middle of this century, defence attorneys and prosecutors in the United States depended on preliminary hearings and informal exchanges to obtain information about …
Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson
Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson
Florida State University Law Review
No abstract provided.