Criminal Procedure Commons^™

Improving The Reliability Of Criminal Trials Through Legal Rules That Encourage Defendants To Testify, Jeffrey Bellin

Faculty Publications

Reflecting a traditional bias against defendants' trial testimony, the modern American criminal justice system, which now recognizes a constitutional right to testify at trial, unabashedly encourages defendants to waive that right and remain silent. As a result, a large percentage of criminal defendants decline to testify, forcing juries to decide the question of the defendant's guilt without ever hearing from the person most knowledgeable on the subject.

This Article contends that the inflated percentage of silent defendants in the American criminal trial system is a needless, self-inflected wound, neither required by the Constitution nor beneficial to the search for truth. …

An Informational Approach To The Mass Imprisonment Problem, Adam M. Gershowitz

Faculty Publications

The United States is plagued by the problem of mass imprisonment, with its prison population having risen by 500% in the last three decades. Because the overwhelming majority of criminal cases are resolved through plea bargaining, there is room for prosecutors to reduce mass imprisonment by exercising their wide discretion. At present, prosecutors likely do not give much consideration to the overcrowding of America 's jails and prisons when making their plea bargain offers. However, if prosecutors were regularly advised of such overcrowding they might offer marginally lower sentences across the board. For instance, a prosecutor who typically offers a …

1984 Arrives: Thought(Crime), Technology, And The Constitution, William Federspiel

William & Mary Bill of Rights Journal

No abstract provided.

Expanding The Arsenal For Sentencing Environmental Crimes: Would Therapeutic Jurisprudence And Restorative Justice Work?, Carrie C. Boyd

William & Mary Environmental Law and Policy Review

No abstract provided.

Be They Fish Or Not Fish: The Fishy Registration Of Nonsexual Offenders, Ofer Raban

William & Mary Bill of Rights Journal

No abstract provided.

The Price Of Misdemeanor Representation, Erica J. Hashimoto

William & Mary Law Review

Nobody disputes either the reality of excessive caseloads in indigent defense systems or their negative effects. More than forty years after Gideon v. Wainwright, however, few seem willing to accept that additional resources will not magically appear to solve the problem. Rather, concerned observers demand more funds while state and local legislators resist those entreaties in the face of political resistance and pressures to balance government budgets. Recognizing that indigent defense systems must operate in a world of limited resources, states should reduce the number of cases streaming into those systems by significantly curtailing the appointment of counsel in low-level …

Raise The Proof: A Default Rule For Indigent Defense, Adam M. Gershowitz

Faculty Publications

Almost everyone agrees that indigent defense in America is underfunded, but workable solutions have been hard to come by. For the most part, courts have been unwilling to inject themselves into legislative budget decisions. And, when courts have become involved and issued favorable decisions, the benefits have been only temporary because once the pressure of litigation disappears so does a legislature's desire to appropriate more funding. This Article proposes that if an indigent defense system is under-funded, the state supreme court should impose a default rule raising the standard of proof to "beyond all doubt" to convict indigent defendants. The …

"You Fall Into Scylla In Seeking To Avoid Charybdis": The Second Circuit's Pragmatic Approach To Supervised Release For Sex Offenders, Frank E. Correll Jr.

William & Mary Law Review

No abstract provided.

Sentencing Acquitted Conduct To The Post-Booker Dustbin, James J. Bilsborrow

William & Mary Law Review

No abstract provided.

Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith

William & Mary Law Review

No abstract provided.

Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz

Faculty Publications

No abstract provided.

All Men Are (Or Should Be) Created Equal: An Argument Against The Use Of The Cultural Defense In A Post-Booker World, Elizabeth Martin

William & Mary Bill of Rights Journal

No abstract provided.

"Sacrificing The End To The Means": The Constitutionality Of Suspicionless Subway Searches, Katherine Lee Martin

William & Mary Bill of Rights Journal

No abstract provided.

"Unspeakable Justice" : The Oswald Martinez Case And The Failure Of The Legal Stystem To Adequately Provide For Incompetent Defendants, Jamie Mickelson

William & Mary Law Review

No abstract provided.

The Jurisprudence Of Punishment, Kyron Huigens

William & Mary Law Review

No abstract provided.

Terrorism And The New Criminal Process, John T. Parry

William & Mary Bill of Rights Journal

No abstract provided.

Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum

William & Mary Bill of Rights Journal

No abstract provided.

Imposing A Cap On Capital Punishment, Adam M. Gershowitz

Faculty Publications

No abstract provided.

Reaffirming The Right To Pretrial Assistance: The Surprising Little Case Of Fellers V. United States, James K. Tomkovicz

William & Mary Bill of Rights Journal

No abstract provided.

Let The Jury Do The Waive: How Apprendi V. New Jersey Applies To Juvenile Transfer Proceedings, Daniel M. Vannella

William & Mary Law Review

No abstract provided.

"So I Says To "The Guy,' I Says...": The Constitutionality Of Neutral Pronoun Redaction In Multidefendant Criminal Trials, Bryan M. Shay

William & Mary Law Review

No abstract provided.

Section 5: Criminal Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Misnamed, Misapplied, And Misguided: Clarifying The State Of Sentencing Entrapment And Proposing A New Conception Of The Doctrine, Jess D. Mekeel

William & Mary Bill of Rights Journal

No abstract provided.

An Inestimable Safeguard Gives Way To Practicality: Eliminating The Juror Who ""Refuses To Deliberate" Under Federal Rule Of Criminal Procedure 23(B)(3), Jeffrey Bellin

Faculty Publications

No abstract provided.

The Crisis In Indigent Defense: A National Perspective, Mary Sue Backus, Paul Marcus

Faculty Publications

No abstract provided.

Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs

Faculty Publications

International tribunals prosecuting those responsible for genocide, crimes against humanity, and war crimes face many of the same resource constraints that bedevil national criminal justice systems. Consequently, international tribunals have begun to utilize various procedural devices long used by national prosecutors to speed case dispositions. One such procedural device is the guilty plea. National prosecutors induce criminal defendants to plead guilty and waive their rights to trial through a process of plea bargaining; that is, by offering defendants sentencing concessions in exchange for their guilty pleas. International prosecutors who seek to engage in plea bargaining, however, face a host of …

White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas

William & Mary Law Review

No abstract provided.

Gender And Jury Deliberations: The Contributions Of Social Science, Lucy Fowler

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Section 7: Criminal Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

A Blow To Domestic Violence Victims: Applying The "Testimonial Statements" Test In Crawford V. Washington, Melissa Moody

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.