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Washington and Lee Law Review

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Articles 31 - 60 of 218

Full-Text Articles in Criminal Procedure

Individualized Sentencing, William W. Berry May 2019

Individualized Sentencing, William W. Berry

Washington and Lee Law Review

In Woodson v. North Carolina, the Supreme Court proscribed the use of mandatory death sentences. One year later, in Lockett v. Ohio, the Court expanded this principle to hold that defendants in capital cases were entitled to “individualized sentencing determinations.” The Court’s reasoning in both cases centered on the seriousness of the death penalty. Because the death penalty is “different” in its seriousness and irrevocability, the Court required the sentencing court, whether judge or jury, to assess the individualized characteristics of the offender and the offense before imposing a sentence. In 2012, the Court expanded this Eighth Amendment concept …


Sentence For The Damned: Using Atkins To Understand The “Irreparable Corruption” Standard For Juvenile Life Without Parole, Zachary Crawford-Pechukas Feb 2019

Sentence For The Damned: Using Atkins To Understand The “Irreparable Corruption” Standard For Juvenile Life Without Parole, Zachary Crawford-Pechukas

Washington and Lee Law Review

This Note suggests that guidance should be drawn from the Supreme Court’s death penalty jurisprudence regarding the execution of intellectually disabled offenders. Atkins v. Virginia paved the way for the juvenile sentencing cases as the Supreme Court for the first time found that, under the Eighth Amendment, a selected class of offenders—the intellectually disabled — were not eligible for the state’s harshest penalty—the death penalty— because of their diminished culpability. Atkins similarly left the state courts to figure out how to decide whether an individual offender met this amorphous standard, “intellectually disabled.” As state courts grappled with this standard and …


Expedited Removal And Due Process: “A Testing Crucible Of Basic Principle” In The Time Of Trump, Daniel Kanstroom Nov 2018

Expedited Removal And Due Process: “A Testing Crucible Of Basic Principle” In The Time Of Trump, Daniel Kanstroom

Washington and Lee Law Review

No abstract provided.


Immigrant Defense Funds For Utopians, César Cuauhtémoc García Hernández Nov 2018

Immigrant Defense Funds For Utopians, César Cuauhtémoc García Hernández

Washington and Lee Law Review

No abstract provided.


In Their Defense: Conflict Between The Criminal Defendant’S Right To Counsel Of Choice And The Right To Appointed Counsel, Kit Thomas Jun 2017

In Their Defense: Conflict Between The Criminal Defendant’S Right To Counsel Of Choice And The Right To Appointed Counsel, Kit Thomas

Washington and Lee Law Review

No abstract provided.


Examining Rule 11(B)(1)(N) Error: Guilty Pleas, Appellate Waiver, And Dominguez Benitez, Leanna C. Minix Jan 2017

Examining Rule 11(B)(1)(N) Error: Guilty Pleas, Appellate Waiver, And Dominguez Benitez, Leanna C. Minix

Washington and Lee Law Review

No abstract provided.


Waivering About The Dirty Business Of Plea Bargains—A Comment, Jonathan Shapiro Jan 2017

Waivering About The Dirty Business Of Plea Bargains—A Comment, Jonathan Shapiro

Washington and Lee Law Review

No abstract provided.


The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss Mar 2015

The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss

Washington and Lee Law Review

No abstract provided.


The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Meg E. Sawyer Jan 2015

The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Meg E. Sawyer

Washington and Lee Law Review

No abstract provided.


Comment On The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Kevin Flynn Jan 2015

Comment On The Prior Convictions Exception: Examining The Continuing Viability Of Almendarez-Torres Under Alleyne, Kevin Flynn

Washington and Lee Law Review

No abstract provided.


The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell L. Christopher Jan 2015

The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell L. Christopher

Washington and Lee Law Review

Are decades-long delays between sentencing and execution immune from Eighth Amendment violation because they are self-inflicted by prisoners, or is such prisoner fault for delays simply irrelevant to whether a state-imposed punishment is cruel and unusual? Typically finding delay to be the state’s responsibility, Justices Breyer and Stevens argue that execution following upwards of forty years of death row incarceration is unconstitutional. Nearly every lower court disagrees, reasoning that prisoners have the choice of pursuing appellate and collateral review (with the delay that entails) or crafting the perfect remedy to any delay by submitting, as Justice Thomas has invited complaining …


The Prior Convictions Exception—A Comment, Matthew Engle Jan 2015

The Prior Convictions Exception—A Comment, Matthew Engle

Washington and Lee Law Review

No abstract provided.


Virginia’S Redefinition Of The “Future Dangerousness” Aggravating Factor: Unprecedented, Unfounded, And Unconstitutional , Lara D. Gass Jun 2013

Virginia’S Redefinition Of The “Future Dangerousness” Aggravating Factor: Unprecedented, Unfounded, And Unconstitutional , Lara D. Gass

Washington and Lee Law Review

No abstract provided.


Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper Mar 2013

Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper

Washington and Lee Law Review

No abstract provided.


Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps Mar 2013

Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps

Washington and Lee Law Review

No abstract provided.


Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg Mar 2013

Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg

Washington and Lee Law Review

No abstract provided.


The Problem With Misdemeanor Representation, Erica Hashimoto Mar 2013

The Problem With Misdemeanor Representation, Erica Hashimoto

Washington and Lee Law Review

No abstract provided.


Gideon Skepticism, Alexandra Natapoff Mar 2013

Gideon Skepticism, Alexandra Natapoff

Washington and Lee Law Review

The criminal defense lawyer occupies a special doctrinal place in criminal procedure. It is the primary structural guarantor of fairness, the single most important source of validation for individual convictions. Conversely, if a person did have a competent lawyer, it generates a set of presumptions that his trial was in fact fair, the evidence sufficient, and his plea knowing and voluntary. This is a highly problematic legal fiction. The presence of counsel advances but cannot guarantee fair trials and voluntary pleas. More fundamentally, a lawyer in an individual case will often be powerless to address a wide variety of systemic …


Crashing The Misdemeanor System, Jenny Roberts Mar 2013

Crashing The Misdemeanor System, Jenny Roberts

Washington and Lee Law Review

No abstract provided.


Two Rights To Counsel, Josh Bowers Mar 2013

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 Mar 2013

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 Mar 2013

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 Mar 2013

Unstoppable V. Unwaivable, Steven Benjamin

Washington and Lee Law Review

No abstract provided.


Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas Mar 2013

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 Mar 2013

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 Mar 2013

“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 Mar 2013

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 Mar 2013

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 Mar 2013

Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith

Washington and Lee Law Review

No abstract provided.


Why Strickland Is The Wrong Test For Violations Of The Right To Testify, Daniel J. Capra, Joseph Tartakovsky Jan 2013

Why Strickland Is The Wrong Test For Violations Of The Right To Testify, Daniel J. Capra, Joseph Tartakovsky

Washington and Lee Law Review

A criminal accused has a constitutional right to testify in his own defense. The right has an undisputed place alongside the most important “personal” rights, like the right to remain silent or the right to represent oneself. But in the 1990s, courts began to apply the ineffective-assistance test of Strickland v. Washington to evaluate claims by a defendant that his right to testify was abridged. In practice this nullifies the right. Moreover, the Strickland test is inapposite because it focuses on counsel and not the defendant’s right to testify. This Article proposes a new test to better secure and enforce …