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Articles 91 - 120 of 136
Full-Text Articles in Criminal Procedure
Solving The Williams Puzzle, Kyron J. Huigens
Solving The Williams Puzzle, Kyron J. Huigens
Articles
In the 1949 case of Williams v. New York, the United States Supreme Court approved of judicial factfinding as a feature of discretionary sentencing. The Court's more recent ban on judicial factfinding in determinate sentencing systems would seem to apply to discretionary sentencing systems as well, implying that Williams is no longer good law. If a sentencing judge may find facts in the exercise of discretionary sentencing as a matter of due process, then a legislature's attempt to introduce rule-of-law values into sentencing by creating a determinate sentencing regime hardly seems to call for constitutional limitations on judicial factfinding. And …
Solving The Apprendi Puzzle, Kyron Huigens
Burch V. State: Maintaining The Jury's Traditional Role As The Voice Of The Community In Capital Punishment Cases, Carrie A. Dannenfelser
Burch V. State: Maintaining The Jury's Traditional Role As The Voice Of The Community In Capital Punishment Cases, Carrie A. Dannenfelser
Maryland Law Review
No abstract provided.
The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman
The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman
Michigan Law Review
The constitutional law of state criminal procedure was born between the First and Second World Wars. Prior to 1920, the Supreme Court had upset the results of the state criminal justice system in just a handful of cases, all involving race discrimination in jury selection. By 1940, however, the Court had interpreted the Due Process Clause of the Fourteenth Amendment to invalidate state criminal convictions in a wide variety of settings: mob-dominated trials, violation of the right to counsel, coerced confessions, financially-biased judges, and knowingly perjured testimony by prosecution witnesses. In addition, the Court had broadened its earlier decisions forbidding …
The Jury And Scientific Evidence, Richard O. Lempert
The Jury And Scientific Evidence, Richard O. Lempert
Articles
Read court decisions and commentaries from 100, or evenfive years ago, and you will find that experts and scientific evidence were causing problems then just as they are causing problems now. I do not think that Daubert, Kumho Tire, or any change in a rule of evidence will keep expert scientific testimony from being a difficult area for the legal system. Yet we must still ask: "What are the best terms on which to deal with scientific experts, and how can weimprove the system?"
Trial Procedure—An Analysis Of Arkansas's Exceptional Treatment Of The Contemporaneous Objection Rule In Criminal Bench Trials. Strickland V. State, 322 Ark. 312, 909 S.W.2d 318 (1995)., Dale D. Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
When Juries Meet The Press: Rethinking The Jury's Representative Function In Highly Publicized Cases, Kenneth B. Nunn
When Juries Meet The Press: Rethinking The Jury's Representative Function In Highly Publicized Cases, Kenneth B. Nunn
UF Law Faculty Publications
This article explores questions related to the emergence of the jury's new representative function. Section II examines traditional notions of jury representativeness by demonstrating how the jury came to be viewed as a means of providing community input into the criminal justice process. Section II also describes how a broadly representative jury can aid in fact-finding and provide legitimacy for the verdict. Finally, section II explains how a jury system, closed to public exploitation, was traditionally seen as a way to protect the jury's ability to reach independent judgments.
Section III reviews selected cases which reveal judicial recognition of the …
Section 1983 Litigation, Martin A. Schwartz
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth
Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth
Scholarly Works
Day after day, across this country, ordinary people are summoned to court for a selection process that ultimately leaves them in a room deciding, with other jurors, whether a criminal defendant should be killed. The task handed to these jurors is an awesome, personal, moral decision, encased within the complex legal standards and procedures that constitute modern capital jurisprudence. The doctrine that created and sustains this moment of conscience reflects an ongoing struggle of rule against uncertainty, reason against emotion, justice against mercy, and thus, at one level, male against female. Capital jurisprudence -- the law for deciding whether to …
A Comparison Of The Federal And New York State Rape Shield Statutes, Deborah Stavile Bartel
A Comparison Of The Federal And New York State Rape Shield Statutes, Deborah Stavile Bartel
Touro Law Review
No abstract provided.
Expert-Novice Differences And Implications For Choice Of Bench Versus Jury Trial, Anne W. Martin
Expert-Novice Differences And Implications For Choice Of Bench Versus Jury Trial, Anne W. Martin
Cardozo Law Review
No abstract provided.
Use Of The "Zola Plea" In New Jersey Capital Prosecutions, J Thomas Sullivan
Use Of The "Zola Plea" In New Jersey Capital Prosecutions, J Thomas Sullivan
Law Faculty Scholarship
No abstract provided.
The Use Of Prior Convictions To Impeach Criminal Defendants - Do The Risks Outweigh The Benefits?, James W. Betro
The Use Of Prior Convictions To Impeach Criminal Defendants - Do The Risks Outweigh The Benefits?, James W. Betro
Antioch Law Journal
The use of prior convictions to impeach the credibility of a criminal defendant-witness is generally accepted in most American jurisdictions.'Such evidence is allowed in order to present the jury with the general character of a witness so that they may be better able to decide as to his or her tendency to lie on the witness stand.2 The rationale behind this rule is based on the theory that a witness who has been previously convicted of a crime may be less likely to tell the truth than someone who has never been convicted.3 Unfortunately, when a criminal defendant takes the …
Wainwright V. Witt: A New Standard For Death-Qualifying A Capital Jury, Phillip M. Stowers
Wainwright V. Witt: A New Standard For Death-Qualifying A Capital Jury, Phillip M. Stowers
West Virginia Law Review
No abstract provided.