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Criminal Procedure Commons™

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2014

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Institution
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Articles 31 - 60 of 363

Full-Text Articles in Criminal Procedure

Death Penalty, Josh D. Moore Dec 2014

Death Penalty, Josh D. Moore

Mercer Law Review

The Georgia Supreme Court addressed two death sentences on direct appeal in this survey period, affirming both of them, and addressed four more death penalty cases at various stages of collateral review, leaving death sentences intact in all but one case. Claims of ineffective assistance of counsel frequently dominated the court's discussion of these cases, playing a central role in all but two of them. The court, however, also addressed some important issues touching on mental-health evaluations and evidence, lethal injection, death qualification, and victim-impact testimony


Jury Voting Paradoxes, Jason Iuliano Dec 2014

Jury Voting Paradoxes, Jason Iuliano

Michigan Law Review

The special verdict is plagued by two philosophical paradoxes: the discursive dilemma and the lottery paradox. Although widely discussed in the philosophical literature, these paradoxes have never been applied to jury decision making. In this Essay, I use the paradoxes to show that the special verdict’s vote-reporting procedures can lead judges to render verdicts that the jurors themselves would reject. This outcome constitutes a systemic breakdown that should not be tolerated in a legal system that prides itself on the fairness of its jury decision-making process. Ultimately, I argue that, because the general verdict with answers to written questions does …


The Sentencing Of "Couriers" Under Section 33b Of The Misuse Of Drugs Act: Pp V Chum Tat Suan [2014] Sgca 59, Benjamin Joshua Ong Dec 2014

The Sentencing Of "Couriers" Under Section 33b Of The Misuse Of Drugs Act: Pp V Chum Tat Suan [2014] Sgca 59, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Sections 33B(1)–(2) of the Misuse of Drugs Act (“the Act”)1 allow for a person who commits an offence under ss 5(1) or 7 of the Act to be sentenced to life imprisonment and caning instead of death if two conditions are met.


Transborder Abductions By American Bounty Hunters - The Jaffe Case And A New Understanding Between The United States And Canada, Kristofer R. Schleicher Nov 2014

Transborder Abductions By American Bounty Hunters - The Jaffe Case And A New Understanding Between The United States And Canada, Kristofer R. Schleicher

Georgia Journal of International & Comparative Law

No abstract provided.


A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake Nov 2014

A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake

Pace International Law Review

Using the pure adversarial model expounded in part I (a) as the baseline for analysis, Parts II, III and IV of this article will explore the procedural evolution that has taken place at the International Criminal Tribunal for the Former Yugoslavia (II), the International Criminal Court (III) and the Extraordinary Chambers in the Courts of Cambodia (IV). Part V will then plot the structural and procedural shifts that have taken place at those courts onto the spectrum of procedure identified in part I (c), before concluding, in Part VI, with what these shifts teach us about the convergence of adversarial …


Supreme Court, Bronx County, People V. Barnville, David Schoenhaar Nov 2014

Supreme Court, Bronx County, People V. Barnville, David Schoenhaar

Touro Law Review

No abstract provided.


Supreme Court, New York County, People V. Cespedes, Kathleen Egan Nov 2014

Supreme Court, New York County, People V. Cespedes, Kathleen Egan

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Butler, Courtney Weinberger Nov 2014

Supreme Court, Bronx County, People V. Butler, Courtney Weinberger

Touro Law Review

No abstract provided.


Criminal Court, New York County, People V. James, Nicole Compas Nov 2014

Criminal Court, New York County, People V. James, Nicole Compas

Touro Law Review

No abstract provided.


Supreme Court, Queens County, People V. Michaelides, Christin Harris Nov 2014

Supreme Court, Queens County, People V. Michaelides, Christin Harris

Touro Law Review

No abstract provided.


Supreme Court, Kings County, People V. Miller, Courtney Weinberger Nov 2014

Supreme Court, Kings County, People V. Miller, Courtney Weinberger

Touro Law Review

No abstract provided.


Supreme Court, Kings County, People V. Chapman, Kerri Grzymala Nov 2014

Supreme Court, Kings County, People V. Chapman, Kerri Grzymala

Touro Law Review

No abstract provided.


Appellate Division, First Department, People V. Ramirez, Nicole Compas Nov 2014

Appellate Division, First Department, People V. Ramirez, Nicole Compas

Touro Law Review

No abstract provided.


Supreme Court, New York County, People V. Vasquez, Jessica Goodwin Nov 2014

Supreme Court, New York County, People V. Vasquez, Jessica Goodwin

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction, Adam D'Antonio Nov 2014

Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction, Adam D'Antonio

Touro Law Review

No abstract provided.


Appellate Division, Third Department, People V. Rivette, Michele Kligman Nov 2014

Appellate Division, Third Department, People V. Rivette, Michele Kligman

Touro Law Review

No abstract provided.


District Court, Nassau County, People V. Yaghoubi, David Schoenhaar Nov 2014

District Court, Nassau County, People V. Yaghoubi, David Schoenhaar

Touro Law Review

No abstract provided.


Principles For Establishment Of A Rule Of Law Criminal Justice System, William M. Cohen Nov 2014

Principles For Establishment Of A Rule Of Law Criminal Justice System, William M. Cohen

Georgia Journal of International & Comparative Law

No abstract provided.


Not So Fast: I Have Been Deprived Of My Right To Counsel, Elias Arroyo Nov 2014

Not So Fast: I Have Been Deprived Of My Right To Counsel, Elias Arroyo

Touro Law Review

No abstract provided.


Putting The Cat Back In The Bag: Involuntary Confessions And Self-Incrimination, Joseph A. Iemma Nov 2014

Putting The Cat Back In The Bag: Involuntary Confessions And Self-Incrimination, Joseph A. Iemma

Touro Law Review

No abstract provided.


Self-Incrimination: Are Underlying Questions About A Pending Conviction On Appeal A Violation Of A Defendant's Fifth Amendment Privilege Against Self-Incrimination?, Macdonald R. Drane Iv Nov 2014

Self-Incrimination: Are Underlying Questions About A Pending Conviction On Appeal A Violation Of A Defendant's Fifth Amendment Privilege Against Self-Incrimination?, Macdonald R. Drane Iv

Touro Law Review

No abstract provided.


Double Jeopardy: A Resentencing Game, Deirdre Cicciaro Nov 2014

Double Jeopardy: A Resentencing Game, Deirdre Cicciaro

Touro Law Review

No abstract provided.


Justification For Police Intrusions, Corey Rashkover Nov 2014

Justification For Police Intrusions, Corey Rashkover

Touro Law Review

No abstract provided.


Interpreting Search Incident To Arrest In New York: Past, Present, And Future, Jacqueline Iaquinta Nov 2014

Interpreting Search Incident To Arrest In New York: Past, Present, And Future, Jacqueline Iaquinta

Touro Law Review

No abstract provided.


Search And Seizures: Constitutionally Protected Or Discretionary Police Work?, Jaren Fernan Nov 2014

Search And Seizures: Constitutionally Protected Or Discretionary Police Work?, Jaren Fernan

Touro Law Review

No abstract provided.


Seize First, Search Later: The Hunt For Digital Evidence, Paige Bartholomew Nov 2014

Seize First, Search Later: The Hunt For Digital Evidence, Paige Bartholomew

Touro Law Review

No abstract provided.


Retroactive Change In The Law To Punish A Defendant, George Schoenwaelder Nov 2014

Retroactive Change In The Law To Punish A Defendant, George Schoenwaelder

Touro Law Review

No abstract provided.


Extradition - International Law - The United States Night Circuit Court Of Appeals Holds Government-Sponsored Abduction Abroad Is Not A Lawful Alternative To Extradition. United States V. Verdugo-Urquidez, 939 F.2d 1341 (9th Cir. 1991), Thomas L. Horan Nov 2014

Extradition - International Law - The United States Night Circuit Court Of Appeals Holds Government-Sponsored Abduction Abroad Is Not A Lawful Alternative To Extradition. United States V. Verdugo-Urquidez, 939 F.2d 1341 (9th Cir. 1991), Thomas L. Horan

Georgia Journal of International & Comparative Law

No abstract provided.


Confessions And The Right To Silence In Japan, Daniel H. Foote Nov 2014

Confessions And The Right To Silence In Japan, Daniel H. Foote

Georgia Journal of International & Comparative Law

No abstract provided.


The Frame Of Reference And Other Problems, Richard D. Friedman, Jeffrey L. Fisher Nov 2014

The Frame Of Reference And Other Problems, Richard D. Friedman, Jeffrey L. Fisher

Michigan Law Review First Impressions

George argues that, centuries ago, jurists did not distinguish between testimonial and nontestimonial hearsay, and so the distinction cannot be a historically well-grounded basis for modern confrontation doctrine. The argument proceeds from an inaccurate frame of reference. When the confrontation right developed, principally in the sixteenth and seventeenth centuries, and English defendants—Raleigh among them—demanded that adverse witnesses be brought face to face with them, they were making a procedural assertion as to how witnesses must give their testimony. (Giving testimony is what witnesses in litigation do.) Rarely did they phrase this claim in terms of hearsay, for the simple reason …