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Articles 31 - 60 of 342
Full-Text Articles in Criminal Procedure
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Seattle Journal for Social Justice
No abstract provided.
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Seattle Journal for Social Justice
No abstract provided.
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Seattle Journal for Social Justice
No abstract provided.
Summary Of State V. Lloyd, 129 Nev. Adv. Op. 79, Jim Hoffman
Summary Of State V. Lloyd, 129 Nev. Adv. Op. 79, Jim Hoffman
Nevada Supreme Court Summaries
The Court considers an appeal from a district court order granting the defendant’s motion to suppress evidence based on a warrantless automobile search. The Court considers one issue: whether Article I, Section 18 of the Nevada Constitution imposes an exigency requirement on officers conducting warrantless vehicle searches, or whether officers need only have probable cause.
Summary Of In Re Steven Daniel P., 129 Nev. Adv. Op. 73, Geordan G. Logan
Summary Of In Re Steven Daniel P., 129 Nev. Adv. Op. 73, Geordan G. Logan
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether the juvenile court has authority under NRS 62C.230(1)(a) to dismiss a delinquency petition and refer a juvenile for informal supervision pursuant to NRS 62C.200 without the written approval of the district attorney; and (2) whether the juvenile court's discretion in overseeing a juvenile matter is limited by the authority granted under the Nevada Revised Statutes.
Summary Of Paley V. Second Judicial District Court, 129 Nev. Adv. Op. 74, Alexandria K. Mendonca
Summary Of Paley V. Second Judicial District Court, 129 Nev. Adv. Op. 74, Alexandria K. Mendonca
Nevada Supreme Court Summaries
The Court determined whether it should consider petitioner’s writ of mandamus against a direct contempt order under an exception to the mootness doctrine.
Symposium Foreword: Bombshell Or Baby Step? The Ramifications Of Miller V. Alabama For Sentencing Law And Juvenile Crime Policy, Paul J. Litton
Symposium Foreword: Bombshell Or Baby Step? The Ramifications Of Miller V. Alabama For Sentencing Law And Juvenile Crime Policy, Paul J. Litton
Faculty Publications
This short essay, which serves as the Symposium Foreword, argues that the rationale of Miller is incoherent insofar as it permits juvenile LWOP sentences and that the Court misidentifies the foundational principle of Roper. First, in banning mandatory juvenile LWOP sentences, the Court invokes Woodson, which bans mandatory death sentences. The Court maintains that Woodson, from its capital jurisprudence, applies because juvenile LWOP is “akin to the death penalty” for juveniles. But if the Court’s capital jurisprudence is binding based on that equivalence, Roper should imply that juvenile LWOP, like the death penalty, is unconstitutional for juveniles. This essay briefly …
Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua Kastenberg
Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua Kastenberg
The Journal of Appellate Practice and Process
No abstract provided.
We Are Never Ever Getting Back Together: Domestic Violence Victims, Defendants, And Due Process, Jessica Miles
We Are Never Ever Getting Back Together: Domestic Violence Victims, Defendants, And Due Process, Jessica Miles
Cardozo Law Review
No abstract provided.
Caressing The Big Fish? A Critique Of Icc Trial Chamber V(A)'S Decision To Grant Ruto's Request For Excusal From Continuous Presence At Trial, Thomas Obel Hansen
Caressing The Big Fish? A Critique Of Icc Trial Chamber V(A)'S Decision To Grant Ruto's Request For Excusal From Continuous Presence At Trial, Thomas Obel Hansen
Cardozo Journal of International and Comparative Law
The article critiques the ICC Trial Chamber V(a)'s decision to excuse William Ruto from continuous presence at his trial, arguing that this decision misinterprets Articles 63 and 27 of the Rome Statute. The Chamber's reliance on "exceptional circumstances" and Ruto's official status as Vice President of Kenya undermines the principle of equality before the law and sets a problematic precedent for future cases involving high-ranking officials.
Frivolous Motions And Abuses Of Process At The Ad Hoc International Criminal Tribunals, Devon Whittle
Frivolous Motions And Abuses Of Process At The Ad Hoc International Criminal Tribunals, Devon Whittle
Cardozo Journal of International and Comparative Law
The article examines the application of rules sanctioning frivolous or abusive motions at the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). While these rules are essential to prevent abuse of process, their application lacks consistency and clarity, leading to concerns about bias and undermining the principle of equality of arms. The article argues that developing a standardized framework for applying these rules would enhance fairness, reduce allegations of prejudice, and provide clearer guidance for counsel.
An Ounce Of Pretrial Prevention Is Worth More Than A Pound Of Post-Conviction Cure: Untethering Federal Pretrial Criminal Procedure From Due Process Standards Of Review, Jordan Gross
Faculty Law Review Articles
Some Federal Rules of Criminal Procedure cover purely technical matters. Some Rules, however, cover procedures with constitutional dimensions. When a federal court is interpreting a Rule that has a companion constitutional doctrine, an issue arises as to whether the Rule’s requirements are co-extensive with the constitutional protections defined by federal case law, or whether the Rule provides federal defendants a higher level of pretrial procedural protection than a post-conviction due process standard. Federal courts have been inconsistent in identifying and resolving this question of constitutional equivalency. In interpreting some pretrial Criminal Rules, federal courts make a clear distinction between the …
Who Should Be The ‘Decider’ On Keeping Our Secrets?, Stephen Henderson
Who Should Be The ‘Decider’ On Keeping Our Secrets?, Stephen Henderson
Other Faculty Publications
An invited essay for Constitution Day, also available here: http://blogs.law.widener.edu/constitution2013/2013-essay-authors/stephen-henderson/It addresses the national security surveillance disclosed by Edward Snowden and others, and asks whether a fundamental shift would be prudent in the era of Big Data.
Transforming Juvenile Justice: Making Doctrine Out Of Dicta In Graham V. Florida, Jason Zolle
Transforming Juvenile Justice: Making Doctrine Out Of Dicta In Graham V. Florida, Jason Zolle
Michigan Law Review First Impressions
In the late 1980s and 1990s, many state legislatures radically altered the way that their laws treated children accused of crimes. Responding to what was perceived of as an epidemic of juvenile violence, academics and policymakers began to think of child criminals as a "new breed" of incorrigible "superpredators." States responded by making it easier for prosecutors to try and sentence juveniles as adults, even making it mandatory in some circumstances. Yet in the past decade, the Supreme Court handed down four opinions that limit the states' ability to treat children as adults in the justice system. Roper v. Simmons …
A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk
A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Dog Days Of Fourth Amendment Jurisprudence, Kit Kinports
The Dog Days Of Fourth Amendment Jurisprudence, Kit Kinports
NULR Online
No abstract provided.
Teaching 'The Wire': Fiction As Pedagogical Tool, Roger Fairfax
Teaching 'The Wire': Fiction As Pedagogical Tool, Roger Fairfax
Presentations
No abstract provided.
Altering Attention In Adjudication, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie
Altering Attention In Adjudication, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie
Cornell Law Faculty Publications
Judges decide complex cases in rapid succession but are limited by cognitive constraints. Consequently judges cannot allocate equal attention to every aspect of a case. Case outcomes might thus depend on which aspects of a case are particularly salient to the judge. Put simply, a judge focusing on one aspect of a case might reach a different outcome than a judge focusing on another. In this Article, we report the results of a series of studies exploring various ways in which directing judicial attention can shape judicial outcomes. In the first study, we show that judges impose shorter sentences when …
Summary Of State V. Greene, 129 Nev. Adv. Op. No. 58, Brittnie Watkins
Summary Of State V. Greene, 129 Nev. Adv. Op. No. 58, Brittnie Watkins
Nevada Supreme Court Summaries
The Court considered an appeal from a district court order granting respondent’s post-conviction petition for a writ of habeas corpus.
Grave Injustice: Unearthing Wrongful Executions, Mary Kelly Tate
Grave Injustice: Unearthing Wrongful Executions, Mary Kelly Tate
Law Faculty Publications
This book review discusses Richard A. Stack's book, Grave Injustice, which illustrates the flaws in America's use of capital punishment. "Simply put, the death penalty is shown to be a massive policy failure diminishing the legitimacy of the criminal justice system in the world's leading democracy. Stack uses his reportorial skills to distill the complex subject of the American death penalty into a digestible form, yet he never cuts corners with the human dimension. This dimension is always at the center of crime and punishment and, most hauntingly, at the center of the American death penalty and its tragic …
Banished For Life: Deportation Of Juvenile Offenders As Cruel And Unusual Punishment, Beth Caldwell
Banished For Life: Deportation Of Juvenile Offenders As Cruel And Unusual Punishment, Beth Caldwell
Cardozo Law Review
No abstract provided.
Electronic Data Discovery Sanctions: The Unmapped, Unwinding, Meandering Road, And The Courts’ Role In Steadying The Playing Field, Ahunanya Anga
Electronic Data Discovery Sanctions: The Unmapped, Unwinding, Meandering Road, And The Courts’ Role In Steadying The Playing Field, Ahunanya Anga
San Diego Law Review
This Article highlights a growing problem for litigants who are involved in electronic data discovery (EDD). The world of litigation today encompasses massive amounts of electronically produced documents. It is estimated that ninety-nine percent of new information is created and stored electronically. The litigation practice generally, as it relates to electronic discovery (e-discovery) particularly, has mushroomed into a chaotic process. The technological age has radically impacted the federal discovery process. The purpose of the 2006 amendments to the Federal Rules of Civil Procedure (FRCP) was, among other things, to address problems associated with electronically stored information (ESI) that arise during …
Winning–Or At Least Not Losing–On Cross-Examination, Henry G. Miller
Winning–Or At Least Not Losing–On Cross-Examination, Henry G. Miller
Pace Law Review
Cross-examination is, of course, the glamour topic of trial practice. You cannot get people too excited about direct examinations or openings, maybe summations, but cross-examination is the riveting topic; the stuff of which legends are made. It is not always easy, and I am going to give you a few pointers. Now for those who have not tried many cases, you cannot learn to be a cross-examiner by just listening to one person talk. But what you can do is pick up a few ideas. And as I talk, it is OK to think, “Hey you know; maybe there’s a …
New Methods Of Financial White-Collar Criminal Investigation And Prosecution: The Spillover Of Wiretaps To Civil Enforcement Proceedings, Andrew P. Atkins
New Methods Of Financial White-Collar Criminal Investigation And Prosecution: The Spillover Of Wiretaps To Civil Enforcement Proceedings, Andrew P. Atkins
Pace Law Review
To have a proper understanding of the questions presented by the Rajaratnam cases, a basic understanding of the criminal and civil cases is necessary. Accordingly, Part II will briefly discuss the facts of the two cases, the investigation, and relevant court rulings. Part III will briefly discuss the history and relevant provisions of Title III of the Omnibus Crime Control and Safe Streets Act , the “comprehensive scheme” for regulating the authorization and disclosure of wiretaps. Part IV will discuss the primary theories the SEC could have used to obtain wiretap recordings for use in its civil enforcement proceeding, namely …
It’S Raining Katz And Jones: The Implications Of United States V. Jones–A Case Of Sound And Fury, Jace C. Gatewood
It’S Raining Katz And Jones: The Implications Of United States V. Jones–A Case Of Sound And Fury, Jace C. Gatewood
Pace Law Review
This Article discusses the implications of Jones in light of emerging technology capable of duplicating the monitoring undertaken in Jones with the same degree of intrusiveness attributable to GPS tracking devices, but without depending on any physical invasion of property. This Article also discusses how the pervasive use of this emerging technology may reshape reasonable expectations of privacy concerning an individual’s public movements, making it all the more difficult to apply the Fourth Amendment constitutional tests outlined in Jones. In this regard, this Article explores recent trends in electronic tracking, surveillance, and other investigative methods that have raised privacy concerns, …
Summary Of Armenta-Carpio V. State, 129 Nev. Adv. Op. No. 54, Drew Wheaton
Summary Of Armenta-Carpio V. State, 129 Nev. Adv. Op. No. 54, Drew Wheaton
Nevada Supreme Court Summaries
The Court considered whether a concession-of-guilt strategy is equivalent to a guilty plea, thus requiring the district court to canvass a defendant to determine whether he knowingly and voluntarily consented to the concession of guilt.
Summary Of Brass V. State, 129 Nev. Adv. Op. 53, Katelyn J. Cantu
Summary Of Brass V. State, 129 Nev. Adv. Op. 53, Katelyn J. Cantu
Nevada Supreme Court Summaries
The Court considered whether an attorney may file a substantive motion on a deceased client's behalf in a criminal case when a personal representative has not been substituted as a party to the appeal.
Summary Of State V. Robles-Nieves, 129 Nev. Adv. Op. No. 55, Sean Africk
Summary Of State V. Robles-Nieves, 129 Nev. Adv. Op. No. 55, Sean Africk
Nevada Supreme Court Summaries
The Court considered the appropriate factors for evaluating a motion for the stay of a criminal proceeding pending the resolution of an interlocutory appeal from an order granting a motion to suppress evidence.
Summary Of Clay V. Eighth Judicial District Court, 129 Nev. Adv. Op. 48, Katelyn Franklin
Summary Of Clay V. Eighth Judicial District Court, 129 Nev. Adv. Op. 48, Katelyn Franklin
Nevada Supreme Court Summaries
The Court considered a petition for a writ of mandamus challenging an order from the district court denying a pretrial petition for a writ of habeas corpus. The question before the Court was whether a district attorney violates NRS 172.095(2) when he or she seeks an indictment for child abuse or neglect under NRS 200.508(1),2 based on nonaccidental physical injury, but fails to inform the grand jurors of the definition of “physical injury.”
Summary Of State V. Beckman, 129 Nev. Adv. Op. 51, Daniel Nubel
Summary Of State V. Beckman, 129 Nev. Adv. Op. 51, Daniel Nubel
Nevada Supreme Court Summaries
Appeal from a district court order granting a motion to suppress evidence. The Court clarified the government’s ability to subject citizens to drug sniffing dogs in the absence of reasonable suspicion.