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Washington and Lee Law Review

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Articles 61 - 90 of 218

Full-Text Articles in Criminal Procedure

Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth Amendment, Laura I. Appleman Jun 2012

Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth Amendment, Laura I. Appleman

Washington and Lee Law Review

In a criminal system that tips heavily to the side of wealth and power, we routinely detain the accused in often horrifying conditions, confined in jails while still maintaining the presumption of innocence. Here, in the rotting jail cells of impoverished defendants, lies the Shadowlands of Justice, where the lack of criminal procedure has produced a darkness unrelieved by much scrutiny or concern on the part of the law. This Article contends that our current system of pretrial detention lies in shambles, routinely incarcerating the accused in horrifying conditions often far worse than those of convicted offenders in prisons. Due …


Challenging The Habeas Process Rather Than The Result, Justin F. Marceau Jan 2012

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 …


W(H)Ither The Jury? The Diminishing Role Of The Jury Trial In Our Legal System, Jennifer Walker Elrod Jan 2011

W(H)Ither The Jury? The Diminishing Role Of The Jury Trial In Our Legal System, Jennifer Walker Elrod

Washington and Lee Law Review

No abstract provided.


Brady's Bunch Of Flaws, Daniel S. Medwed Sep 2010

Brady's Bunch Of Flaws, Daniel S. Medwed

Washington and Lee Law Review

The 1970s television program The Brady Bunch provided a lighthearted and optimistic portrayal of American family life. A divorced man with three brown-haired boys married a divorced woman with three blonde daughters. They melded together into a happy, well-adjusted crew committed to mad-cap adventures accompanied by syrupy background music. Yet the promise of The Brady Bunch was illusory. Divorce has wreaked havoc on this country. The problems that derive from divorce and remarriage are multifaceted; they seldom lend themselves to tidy resolution in thirty minutes, let alone a lifetime. The show provided a distractionand a disservice. It sent an inaccurate …


The Worldwide Accountability Deficit For Prosecutors, Ronald F. Wright, Marc L. Miller Sep 2010

The Worldwide Accountability Deficit For Prosecutors, Ronald F. Wright, Marc L. Miller

Washington and Lee Law Review

In democratic governments committed to the rule of Law, prosecutors should be accountable to the public, just like other powerful government agents who make important decisions. The theoretical need for prosecutor accountability, however, meets practical shortcomings in criminal justice systems everywhere. Individual prosecutors everywhere express allegiance to the rule of Law through the wise decisions made by each prosecutor and across offices as a whole. But the claim "trust us" does not in fact generate the level of public trust that one should expect in a government of Laws. Institutional strategies to guarantee prosecutor accountability all fall short of the …


The Tainted Federal Prosecutor In An Overcriminalized Justice System, Ellen S. Podgor Sep 2010

The Tainted Federal Prosecutor In An Overcriminalized Justice System, Ellen S. Podgor

Washington and Lee Law Review

No abstract provided.


Prosecutors As Judges, Erik Luna, Marianne Wade Sep 2010

Prosecutors As Judges, Erik Luna, Marianne Wade

Washington and Lee Law Review

No abstract provided.


A Complicated Environment: The Problem With Extending Victims' Rights To Victims Of Environmental Crimes, Andrew Atkins Sep 2010

A Complicated Environment: The Problem With Extending Victims' Rights To Victims Of Environmental Crimes, Andrew Atkins

Washington and Lee Law Review

No abstract provided.


The French Prosecutor In Question, Jacqueline S. Hodgson Sep 2010

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 Sep 2010

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 …


Protecting Due Process From The Protect Act: The Problems With Increasing Periods Of Supervised Release For Sexual Offenders, Brett M. Shockley Jan 2010

Protecting Due Process From The Protect Act: The Problems With Increasing Periods Of Supervised Release For Sexual Offenders, Brett M. Shockley

Washington and Lee Law Review

No abstract provided.


The Company Of Scoundrels, Ronald J. Bacigal Jan 2010

The Company Of Scoundrels, Ronald J. Bacigal

Washington and Lee Law Review

My initial reaction to Brett Shockley's Note, Protecting Due Process from the PROTECT Act: The Problems with Increasing Periods of Supervised Release for Sexual Offenders, was to admire his courage. Not many people would undertake a discussion of possible injustice to child pornographers, who surely rank with terrorists and drug dealers as the most reviled and least sympathetic claimants for fair treatment. Shockley puts aside the moral condemnation these people deserve, and focuses on the morality of Procedure-the rule of Law if you will-divorced from the worthiness, or lack thereof, of particular defendants. As students of criminal Procedure come to …


Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr. Sep 2009

Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr.

Washington and Lee Law Review

No abstract provided.


Fitting Punishment, Juliet Stumpf Sep 2009

Fitting Punishment, Juliet Stumpf

Washington and Lee Law Review

Proportionality is conspicuously absent from the legal framework for immigration sanctions. Immigration Law relies on one sanctiondeportation- as the ubiquitous penalty for any immigration violation. Neither the gravity of the violation nor the harm that results bears on whether deportation is the consequence for an immigration violation. Immigration Law stands alone in the legal landscape in this respect. Criminal Law incorporates proportionality when imposing graduated punishment based on the gravity of the offense; contract and tort Law provide for damages that are graduated based on the harm to others or to society. This Article represents the first and fundamental step …


Signaling And Plea Bargaining's Innocence Problem, Russell D. Covey Jan 2009

Signaling And Plea Bargaining's Innocence Problem, Russell D. Covey

Washington and Lee Law Review

The dominant theoretical model ofplea bargainingp redicts that, under conditions of full information and rational choice, criminal cases should uniformly be settled through plea bargaining. That prediction holds for innocent and guilty defendants alike. Because it is perfectly rational for innocent defendants to plead guilty, plea bargaining might be said to have an "innocence problem. " Plea bargaining's innocence problem is, at bottom, the result of a signaling defect. Innocent defendants lacking verifiable innocence claims are pooled together with guilty defendants who falsely proclaim innocence. As a result, both groups of defendants are treated similarly at trial and in plea …


Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White Sep 2008

Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White

Washington and Lee Law Review

No abstract provided.


Reconciling Ring V. Arizona With The Current Structure Of The Federal Capital Murder Trial: The Case For Trifurcation, Donald M. Houser Jan 2007

Reconciling Ring V. Arizona With The Current Structure Of The Federal Capital Murder Trial: The Case For Trifurcation, Donald M. Houser

Washington and Lee Law Review

No abstract provided.


The Decision Maker Matters: An Empirical Examination Of The Way The Role Of The Judge And The Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, Michael E. Antonio Jun 2006

The Decision Maker Matters: An Empirical Examination Of The Way The Role Of The Judge And The Jury Influence Death Penalty Decision-Making, William J. Bowers, Wanda D. Foglia, Jean E. Giles, Michael E. Antonio

Washington and Lee Law Review

No abstract provided.


Tipping The Scales: Seeking Death Through Comparative Value Argumentst, Erin Mccampbell Jan 2006

Tipping The Scales: Seeking Death Through Comparative Value Argumentst, Erin Mccampbell

Washington and Lee Law Review

No abstract provided.


A Comment On Erin Mccampbell's Tipping The Scales: Seeking Death Through Comparative Value Arguments, Timothy J. Heaphy Jan 2006

A Comment On Erin Mccampbell's Tipping The Scales: Seeking Death Through Comparative Value Arguments, Timothy J. Heaphy

Washington and Lee Law Review

No abstract provided.


For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Aaron G. Mccullough Jan 2005

For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Aaron G. Mccullough

Washington and Lee Law Review

No abstract provided.


Comment On For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Roger D. Groot Jan 2005

Comment On For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Roger D. Groot

Washington and Lee Law Review

No abstract provided.


Double Jeopardy And Capital Sentencing: Preserving The Implied Acquittal Of Death In The Wake Of Sattazahn V. Pennsylvania, Leslie Evans Wood Sep 2004

Double Jeopardy And Capital Sentencing: Preserving The Implied Acquittal Of Death In The Wake Of Sattazahn V. Pennsylvania, Leslie Evans Wood

Washington and Lee Law Review

No abstract provided.


Habeas Standards Of Review Under 28 U.S.C. § 2254(D)(1): A Commentary On Statutory Text And Supreme Court Precedent, Allan Ides Jun 2003

Habeas Standards Of Review Under 28 U.S.C. § 2254(D)(1): A Commentary On Statutory Text And Supreme Court Precedent, Allan Ides

Washington and Lee Law Review

No abstract provided.


The Epistemology Of Prediction: Future Dangerousness Testimony And Intellectual Due Process, Erica Beecher-Monas Mar 2003

The Epistemology Of Prediction: Future Dangerousness Testimony And Intellectual Due Process, Erica Beecher-Monas

Washington and Lee Law Review

No abstract provided.


The Need For Comity: A Proposal For Federal Court Review Of Suppression Issues In The Dual Sovereignty Context After The Antiterrorism And Effective Death Penalty Act Of 1996, Carrie M. Bowden Jan 2003

The Need For Comity: A Proposal For Federal Court Review Of Suppression Issues In The Dual Sovereignty Context After The Antiterrorism And Effective Death Penalty Act Of 1996, Carrie M. Bowden

Washington and Lee Law Review

No abstract provided.


Comments On "The Need For Comity", James P. Jones Jan 2003

Comments On "The Need For Comity", James P. Jones

Washington and Lee Law Review

No abstract provided.


The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown Sep 2002

The Warren Court, Criminal Procedure Reform, And Retributive Punishment, Darryl K. Brown

Washington and Lee Law Review

No abstract provided.


Criminal Consequences For Making Babies: Probation Conditions That Restrict Procreation, Rebecca L. Miles Sep 2002

Criminal Consequences For Making Babies: Probation Conditions That Restrict Procreation, Rebecca L. Miles

Washington and Lee Law Review

No abstract provided.


How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright Sep 2002

How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright

Washington and Lee Law Review

No abstract provided.