Habeas corpus was once a broad writ of liberty: it served to give meaning to expanding notions of due process, it forced state judicial systems to obey constitutional commands, and it made effective modern conceptions of fundamental fairness. Although a simple implement of humble origin, U.S. habeas corpus became inextricably interwoven with the substantive rights it enforced. Without a practical remedy, cutting across state boundaries and affording uniform access, the substantive rights themselves lose meaning. A right without remedy is a right without meaning. Thus, habeas corpus became an important part of the substantive rights that it enforced.

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Multiple Punishment For Similar Crimes: Is The Double Jeopardy Clause Violated?, Jimmy Gurulé Jan 1995

Multiple Punishment For Similar Crimes: Is The Double Jeopardy Clause Violated?, Jimmy Gurulé

Journal Articles

Criminal defendants often are charged and convicted of multiple offenses. And often one offense is a lesser included offense of another, which means that proving one offense proves the other. If the offender is sentenced for both crimes, is the prohibition against double jeopardy violated? That is the question the Supreme Court addresses in this drug trafficking case, a case in which two concurrent life imprisonment sentences were imposed for virtually the same conduct.

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"Cold Case" Investigations Within Fairfax County: Turning The Liability Of Time Into An Asset, Rodney L. Gohn Jan 1995

"Cold Case" Investigations Within Fairfax County: Turning The Liability Of Time Into An Asset, Rodney L. Gohn

Theses and Dissertations

No department or individual involved in the investigation of homicides is ever going to have a 100% closure rate. Therefore, many departments will be faced with a situation where another homicide happens before they are finished handling the previous one.

How does one manage these open cases; how often are they reviewed; and who is responsible once the assigned detective is either transferred or leaves the unit or department? Someone has to be able to answer questions from the family, media and anyone else who might inquire about the case.

Based on the number of unsolved homicide cases within Fairfax …

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Are Twelve Heads Better Than One?, Phoebe C. Ellsworth Jan 1995

Are Twelve Heads Better Than One?, Phoebe C. Ellsworth

Articles

The jury's competence, unlike that of the judge, rests partly on its ability to reflect the perspectives, experiences, and values of the ordinary people in the community - not just the most common or typical community perspective, but the whole range of viewpoints.

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Prior Statements Of A Witness: A Nettlesome Corner Of The Hearsay Thicket, Richard D. Friedman Jan 1995

Prior Statements Of A Witness: A Nettlesome Corner Of The Hearsay Thicket, Richard D. Friedman

Articles

In Tome v United States, for the fifth time in eight years, the Supreme Court decided a case presenting the problem of how a child's allegations of sexual abuse should be presented in court. Often the child who charges that an adult abused her is unable to testify at trial, or at least unable to testify effectively under standard procedures. These cases therefore raise intriguing and difficult questions related to the rule against hearsay and to an accused's right under the Sixth Amendment to confront the witnesses against him. One would hardly guess that, however, from the rather arid debate …

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The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar Jan 1995

The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar

Articles

Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda v. Arizona.

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Asymmetrical Peremptories Defended: A Reply, Richard D. Friedman Jan 1995

Asymmetrical Peremptories Defended: A Reply, Richard D. Friedman

Articles

Three years ago, with the publication of his article ''An Asymmetrical Approach to the Problem of Peremptories" in this journal, Professor Friedman initiated a debate on the subject that was taken up in 1994 by three prosecutors who offered a rebuttal that was also printed in these pages. Professor Friedman continues the debate.

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Incoming Drug Calls And Performative Words: They're Not Just Talking About It, Baron Parke!, Christopher B. Mueller Jan 1995

Incoming Drug Calls And Performative Words: They're Not Just Talking About It, Baron Parke!, Christopher B. Mueller

Publications

No abstract provided.

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Self-Defense In Colorado, H. Patrick Furman Jan 1995

Self-Defense In Colorado, H. Patrick Furman

Publications

No abstract provided.

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Avoiding Error In Closing Argument, H. Patrick Furman Jan 1995

Avoiding Error In Closing Argument, H. Patrick Furman

Publications

No abstract provided.

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A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi Jan 1995

A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi

Publications

No abstract provided.

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Youth Justice In A Unified Court: Response To Critics Of Juvenile Court Abolition, Janet Ainsworth Jan 1995

Youth Justice In A Unified Court: Response To Critics Of Juvenile Court Abolition, Janet Ainsworth

Faculty Articles

In this article, Professor Ainsworth argues that a unified criminal justice system is preferable to our present two-tiered adult-juvenile court system. In fact, she contends that the cultural and ideological assumptions that underpin the current two-tiered justice system not only engender many of the serious shortcomings of the juvenile justice system, but also serve to exacerbate the very policies and practices of the adult criminal justice system that make it so abhorrent to defenders of the juvenile court. Critics of juvenile court abolitionists thus miss the point when they argue that juveniles would be worse off than they are at …

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Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven P. Grossman Jan 1995

Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven P. Grossman

All Faculty Scholarship

This Article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessive prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportionate to the crime. In analyzing all of the modern holdings of the Court in this area, this Article finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is confused, and what law can be discerned rests on weak foundations. …

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The Resurrection Of Trial By Jury In Russia, Stephen C. Thaman Jan 1995

The Resurrection Of Trial By Jury In Russia, Stephen C. Thaman

All Faculty Scholarship

This article traces the genesis of the Russian jury law of July 16, 1993, and places it in the context of the criminal justice reform movement that began during the perestroika period. This article analyzes and evaluates the Jury Law on the basis of the first Russian jury trials. The purpose of this article is to isolate certain problem areas and pose questions, which must be answered in the future.

Much of the material for this paper results from the author’s personal observation of eleven of the first fourteen jury trials and parts of four more trials. The author also …

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Intellectual Coherence In An Evidence Code, Paul F. Rothstein Jan 1995

Intellectual Coherence In An Evidence Code, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The Federal Rules of Evidence (Federal Rules or Rules) were created in large part to promote uniformity and predictability in federal trials by providing a relatively instructive guide for judges and lawyers concerning the admissibility of evidence. As with any codification, success in this respect requires, among other things, that there be a considerable degree of intellectual coherence among the code's various provisions. The Federal Rules fall short of intellectual coherence in a number of areas. They contain contradictory and inconsistent mandates that do not make theoretical sense and therefore accord the trial judge almost unlimited discretion in these areas. …

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Search & Seizure Jan 1995

Search & Seizure

Touro Law Review

No abstract provided.

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