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Articles 31 - 60 of 167
Full-Text Articles in Criminal Procedure
Administration Of The Criminal Justice System: When Efficiency Trumps A Fundamental Right, Sean Mcleod
Administration Of The Criminal Justice System: When Efficiency Trumps A Fundamental Right, Sean Mcleod
Touro Law Review
No abstract provided.
Officiating Removal, Leah Litman
Officiating Removal, Leah Litman
Articles
For the last several years, the Commonwealth of Pennsylvania has quietly attempted to curtail capital defendants' representation in state postconviction proceedings. In 2011, various justices on the Pennsylvania Supreme Court began to call for federally funded community defender organizations to stop representing capital defendants in state postconviction proceedings. The justices argued, among other things, that the organizations' representation of capital defendants constituted impermissible federal interference with state governmental processes and burdened state judicial resources. The court also alleged the community defender organizations were in violation of federal statutes, which only authorized the organizations to assist state prisoners in federal, but …
Fools Rush In Where Lawyers Would Better Tread: The Right To Self-Representation And Related Standards Of Competency, Julia M. Capie
Fools Rush In Where Lawyers Would Better Tread: The Right To Self-Representation And Related Standards Of Competency, Julia M. Capie
Touro Law Review
No abstract provided.
The Guiding Hand Of Counsel: Effective Representation For Indigent Defendants In The Cordele Judicial Circuit, Lesley Rowe
The Guiding Hand Of Counsel: Effective Representation For Indigent Defendants In The Cordele Judicial Circuit, Lesley Rowe
Mercer Law Review
The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law.... He lacks both the skill and knowledge adequately to prepare his defense, even though he had a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence. If …
The Line Holds, But Death May Matter: The Supreme Court's Criminal Procedure Decisions Of The 2001 Term, William Hellerstein
The Line Holds, But Death May Matter: The Supreme Court's Criminal Procedure Decisions Of The 2001 Term, William Hellerstein
Touro Law Review
No abstract provided.
Mirandizing Terrorism Suspects? The Public Safety Exception, The Rescue Doctrine, And Implicit Analogies To Self-Defense, Defense Of Others, And Battered Woman Syndrome, Bruce Ching
Journal Articles
This article argues that in creating the public safety exception to the Miranda requirements, the Supreme Court implicitly analogized to the criminal law doctrines of self-defense and defense of others. Thus, examining the justifications of self-defense and defense of others can be useful in determining the contours of the public safety exception and the related "rescue doctrine" exception. In particular, the battered woman syndrome -- which is recognized in a majority of the states and has been successfully invoked by defendants in some self-defense cases -- could provide a conceptual analogue for arguments about whether law enforcement officers were faced …
Letting One Fly Over The Cuckoo's Nest: Why Automatic Reversal Is The Only Effective Remedy For Denial Of Counsel At A Mental Competency Hearing, Jenny Fehring
Oklahoma Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Abar, Danielle Dupré
Court Of Appeals Of New York, People V. Abar, Danielle Dupré
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Grice, Michael Elkin, Patrick Foster
Court Of Appeals Of New York, People V. Grice, Michael Elkin, Patrick Foster
Touro Law Review
No abstract provided.
Criminal Law And Procedure, Aaron J. Campbell
Criminal Law And Procedure, Aaron J. Campbell
University of Richmond Law Review
This article aims to provide a succinct review of noteworthy cases in the areas of criminal law and procedure that the Supreme Court of Virginia and the Court of Appeals of Virginia decided this past year. Instead of covering every ruling or procedural point in a particular case, this article focuses on the "take- away" of the holdings with the most precedential value. This article also summarizes significant changes to criminal law and procedure enacted by the 2014 Virginia General Assembly.
County Court, Nassau County, People V. Osbourne, Diane Matero
County Court, Nassau County, People V. Osbourne, Diane Matero
Touro Law Review
No abstract provided.
"But My Attorney Didn't Tell Me I'D Be Deported!"--The Retroactivity Of Padilla, Tara M. Breslawski
"But My Attorney Didn't Tell Me I'D Be Deported!"--The Retroactivity Of Padilla, Tara M. Breslawski
Touro Law Review
No abstract provided.
Are You Satisfied With Your Representation?--The Sixth Amendment Right To Effective Assistance Of Counsel, Dean M. Villani
Are You Satisfied With Your Representation?--The Sixth Amendment Right To Effective Assistance Of Counsel, Dean M. Villani
Touro Law Review
No abstract provided.
An Effective But Unreported Application Of Lafler & Frye, Christopher M. Gavin
An Effective But Unreported Application Of Lafler & Frye, Christopher M. Gavin
Touro Law Review
No abstract provided.
Prearraignment Lineup Procedures: Are Multiple Lineups Unduly Suggestive Or Sufficiently Reliable?, Jared R. Artura
Prearraignment Lineup Procedures: Are Multiple Lineups Unduly Suggestive Or Sufficiently Reliable?, Jared R. Artura
Touro Law Review
No abstract provided.
Oklahoma's Indigency Determination Scheme: A Call For Uniformity, Carrie Savage Phillips
Oklahoma's Indigency Determination Scheme: A Call For Uniformity, Carrie Savage Phillips
Oklahoma Law Review
No abstract provided.
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.
State Recoupment Of The Costs Of Defense Of Indigent Criminal Defendants , Mark M. Horgan
State Recoupment Of The Costs Of Defense Of Indigent Criminal Defendants , Mark M. Horgan
Pepperdine Law Review
No abstract provided.
The California Constitution And Counsel At Pretrial Lineups: Disneyland Claims Or Deadly Serious Business? , John Moravek
The California Constitution And Counsel At Pretrial Lineups: Disneyland Claims Or Deadly Serious Business? , John Moravek
Pepperdine Law Review
No abstract provided.
The Constitutional Right Of Self-Representation: Faretta And The “Assistance Of Counsel”, Joan W. Garrott
The Constitutional Right Of Self-Representation: Faretta And The “Assistance Of Counsel”, Joan W. Garrott
Pepperdine Law Review
No abstract provided.
Flying Solo Without A License: The Right Of Pro Se Defendants To Crash And Burn - People V. Smith, Tiffany Frigenti
Flying Solo Without A License: The Right Of Pro Se Defendants To Crash And Burn - People V. Smith, Tiffany Frigenti
Touro Law Review
No abstract provided.
Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper
Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper
Washington and Lee Law Review
No abstract provided.
Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps
Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps
Washington and Lee Law Review
No abstract provided.
Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg
Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg
Washington and Lee Law Review
No abstract provided.
The Problem With Misdemeanor Representation, Erica Hashimoto
The Problem With Misdemeanor Representation, Erica Hashimoto
Washington and Lee Law Review
No abstract provided.
Gideon Skepticism, Alexandra Natapoff
Gideon Skepticism, Alexandra Natapoff
Washington and Lee Law Review
The criminal defense lawyer occupies a special doctrinal place in criminal procedure. It is the primary structural guarantor of fairness, the single most important source of validation for individual convictions. Conversely, if a person did have a competent lawyer, it generates a set of presumptions that his trial was in fact fair, the evidence sufficient, and his plea knowing and voluntary. This is a highly problematic legal fiction. The presence of counsel advances but cannot guarantee fair trials and voluntary pleas. More fundamentally, a lawyer in an individual case will often be powerless to address a wide variety of systemic …
Crashing The Misdemeanor System, Jenny Roberts
Crashing The Misdemeanor System, Jenny Roberts
Washington and Lee Law Review
No abstract provided.
Two Rights To Counsel, Josh Bowers
Two Rights To Counsel, Josh Bowers
Washington and Lee Law Review
No abstract provided.
Too Poor To Hire A Lawyer But Not Indigent: How States Use The Federal Poverty Guidelines To Deprive Defendants Of Their Sixth Amendment Right To Counsel, John P. Gross
Washington and Lee Law Review
No abstract provided.
Unstoppable V. Unwaivable, Steven Benjamin
Unstoppable V. Unwaivable, Steven Benjamin
Washington and Lee Law Review
No abstract provided.