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Articles 91 - 120 of 167
Full-Text Articles in Criminal Procedure
Rothgery V. Gillespie County: Applying The Supreme Court's Latest Sixth Amendment Jurisprudence To North Carolina Criminal Procedure, Rebecca Yoder
Rothgery V. Gillespie County: Applying The Supreme Court's Latest Sixth Amendment Jurisprudence To North Carolina Criminal Procedure, Rebecca Yoder
Campbell Law Review
Despite the Court's efforts in Rothgery to shore up a "bright-line rule" for attachment based upon prior case law, the contours of the Sixth Amendment right to counsel are still somewhat obscure. To understand the impact of the Court's holding, each state will need to assess its criminal procedure and identify how to reconcile the Court's holding with current practices. This Comment identifies two areas of North Carolina criminal procedure that have been impacted by the Court's holding in Rothgery: (1) the expanded scope of a defendant's protection under the Sixth Amendment during police questioning under Rothgery; and (2) Rothgery's …
How Much Does It Matter Whether Courts Work Within The "Clearly Marked" Provisions Of The Bill Of Rights Or With The "Generalities" Of The Fourteenth Amendment?, Yale Kamisar
Articles
We know that it really mattered to Justice Hugo Black. As he made clear in his famous dissenting opinion in Adamson v. California] Black was convinced that the purpose of the Fourteenth Amendment was to apply the complete protection of the Bill of Rights to the states.2 And, as he also made plain in his Adamson dissent, he was equally convinced that working with the "specific" or "explicit" guarantees of the first Eight Amendments would furnish Americans more protection than would applying the generalities of the Fourteenth Amendment.3
Ineffective Assistance Of Counsel Under People V. Pozo: Advising Non-Citizen Criminal Defendants Of Possible Immigration Consequences In Criminal Plea Agreements, Lindsay Vangilder
Ineffective Assistance Of Counsel Under People V. Pozo: Advising Non-Citizen Criminal Defendants Of Possible Immigration Consequences In Criminal Plea Agreements, Lindsay Vangilder
University of Colorado Law Review
Tens of thousands of non-citizen criminal defendants are removed from the United States each year. The Sixth Amendment of the United States Constitution and United States Supreme Court jurisprudence guarantee that these non-citizen criminal defendants will have effective assistance of criminal defense counsel, whether they elect to proceed to trial or decide to plead guilty. Although prevailing professional norms require that criminal defense counsel advise non-citizen defendants of possible immigration consequences of plea agreements, many courts do not impose a duty to advise on defense counsel. In fact, many courts deem immigration consequences to be collateral consequences rather than direct …
Deconstructing The Bill Of Rights In Administrative Adjudication--Enfranchising Constitutional Principles In The Process, Shiv Narayan Persaud
Deconstructing The Bill Of Rights In Administrative Adjudication--Enfranchising Constitutional Principles In The Process, Shiv Narayan Persaud
Journal Publications
With the increased tendency toward governmental oversight in modern society, Congress deemed it fit to delegate some of its lawmaking authority to the other branches of government. While this action has effectuated the promulgation of regulations and resolution of disputes through adjudicatory proceedings, the area of administrative law continues to be challenging, especially where it poses concerns regarding an individual’s basic rights. This Article will focus discussion on some fundamental issues relating to the administrative process and explore the ramifications on the individual.
Brief Of Amicus Curiae In Support Of Appellants, Quinton Richmond, Et Al., V. The District Court Of Maryland, Et Al., No. 08-54, Brenda Bratton Blom, Robert Rubinson, Phillip J. Closius
Brief Of Amicus Curiae In Support Of Appellants, Quinton Richmond, Et Al., V. The District Court Of Maryland, Et Al., No. 08-54, Brenda Bratton Blom, Robert Rubinson, Phillip J. Closius
Court Briefs
Amici curiae brief filed by 78 faculty members from the University of Maryland School of Law and the University of Baltimore School of Law, on behalf of Appellants Quinton Richmond, et al. Amicus members felt the need to comment on the application and implications of the statutory right to counsel under Maryland law for indigent criminal defendants. The issue before the Court of Appeals was whether the Court’s previous holding in McCarter v. State, 363 Md. 705 (2001), that the plain language of the Maryland Public Defender Act created a right to counsel during all stages of a criminal …
Coming Soon To A Court Near You – Convicting The Unrepresented At The Bail Stage: An Autopsy Of A State High Court’S Sua Sponte Rejection Of Indigent Defendants’ Right To Counsel, Douglas L. Colbert
Coming Soon To A Court Near You – Convicting The Unrepresented At The Bail Stage: An Autopsy Of A State High Court’S Sua Sponte Rejection Of Indigent Defendants’ Right To Counsel, Douglas L. Colbert
Faculty Scholarship
Recently, the Maryland Court of Appeals became the first state court of last resort to reject Gideon v. Wainwright’s guarantee of counsel at the bail stage. In ruling sua sponte that bail is not a critical stage entitling indigent defendants to invoke their constitutional right to counsel, the Fenner Court held that statements offered by an unrepresented and non-Mirandized indigent defendant were admissible at trial. I contend that the Fenner ruling may transform the pretrial fact-gathering process by providing prosecutors with an additional source of evidence against indigent defendants, namely statements made at a judicial proceeding for the purpose …
Reformulating The Miranda Warnings In Light Of Contemporary Law And Understandings, Mark A. Godsey
Reformulating The Miranda Warnings In Light Of Contemporary Law And Understandings, Mark A. Godsey
Faculty Articles and Other Publications
Since Miranda v. Arizona was decided in 1966, much scholarly attention has been devoted to both the theoretical underpinnings and the real world impact of that decision. Little attention, however, has been paid to the substance or content of the warnings. The Supreme Court has often stated that the Miranda warnings requirement is a prophylactic rule that can change and evolve. However, in spite of 40 years of legal developments and practical experience, the content of these famous four warnings has never been modified or even been subjected to systematic scrutiny.
This Article proposes that the substance of the Miranda …
Criminal Law—The Sixth Amendment Right To Counsel—The Supreme Court Minimizes The Right To Effective Assistance Of Counsel By Maximizing The Deference Awarded To Barely Competent Defense Attorneys. Florida V. Nixon, 125 S. Ct. 551 (2004)., Jennifer Williams
University of Arkansas at Little Rock Law Review
No abstract provided.
A Deadly Dilemma: Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White
A Deadly Dilemma: Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White
Michigan Law Review
A lawyer who represents a capital defendant with a strong innocence claim must allocate her resources between the separate guilt and penalty phases of the capital case. Expending resources in preparation for a penalty trial may result in less attention to securing the acquittal on the capital charge at the guilt trial that would make the penalty phase moot. But focusing primarily on proving the defendant's innocence at the guilt trial means less preparation in the case of a guilty verdict. Once a defendant is convicted of a capital offense, a lawyer must also make strategic decisions about the penalty …
It's Not Just For Law School Anymore: Clinical Education On The Death Penalty For Undergraduates, Jon Gould
It's Not Just For Law School Anymore: Clinical Education On The Death Penalty For Undergraduates, Jon Gould
Journal of Legal Education
No abstract provided.
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Michigan Law Review
What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document's text, and rarer still because scholars or judges "discovered" new information about the Constitution's original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ("IBSMs") of the twentieth century. Race, sex, and sexual orientation were markers of …
Unreasonable Probability Of Error, Jed Handelsman Shugerman
Unreasonable Probability Of Error, Jed Handelsman Shugerman
Faculty Scholarship
In Strickland v. Washington, the Supreme Court sought to create a uniform standard to guarantee effective assistance of counsel to criminal defendants, to "ensure a fair trial," and to assure the reliability of "a just result."' Justice O'Connor's majority opinion created a two-pronged test for overturning a trial verdict: deficient performance and resulting prejudice. The Court explicitly established a difficult burden for proving deficient performance,2 but set a moderate standard for prejudice as the "reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient …
Thinking The Unthinkable Recasting The Presumption Of Edwards V. Arizona, Eugene L. Shapiro
Thinking The Unthinkable Recasting The Presumption Of Edwards V. Arizona, Eugene L. Shapiro
Oklahoma Law Review
No abstract provided.
Gideon's Muted Trumpet, Victoria Nourse
Gideon's Muted Trumpet, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
Once the darling of the legal academy, criminal procedure has fallen into disrepute. Thirty-five years ago, when Gideon was decided, criminal procedure was the flagship of constitutional law, criminal defense attorneys were heroes, and courts and lawyers were perceived as themselves agents of social justice. Today, there are still heroes. But the conventional wisdom, within the academy and the country at large, no longer associates criminal law or procedure with heroism. Indeed, in some quarters, criminal procedure has become the enemy. Increasingly, scholars urge revisionism, popular pundits brand procedural innovations as a loss of "common sense," and philosophers warn that …
New York Vs. "The Rest Of The Country": State Constitutional Criminal Procedure, Barry Latzer
New York Vs. "The Rest Of The Country": State Constitutional Criminal Procedure, Barry Latzer
Touro Law Review
No abstract provided.
The Defunding Of The Post Conviction Defense Organizations As A Denial Of The Right To Counsel, Roscoe C. Howard Jr.
The Defunding Of The Post Conviction Defense Organizations As A Denial Of The Right To Counsel, Roscoe C. Howard Jr.
West Virginia Law Review
No abstract provided.
The Right To Effective Assistance Of Appellate Counsel, Lissa Griffin
The Right To Effective Assistance Of Appellate Counsel, Lissa Griffin
West Virginia Law Review
No abstract provided.
Ineffective Assistance Of Counsel: People V. Claudio
Ineffective Assistance Of Counsel: People V. Claudio
Touro Law Review
No abstract provided.
Ineffective Assistance Of Counsel: People V. Morin
Ineffective Assistance Of Counsel: People V. Morin
Touro Law Review
No abstract provided.
Defending The Poor, Bennett L. Gershman
Defending The Poor, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Given the harsh reality that the quality of justice that people get in this country often depends on how much money they have , is our society's aspiration toward "equal justice" attainable? Probably not. A criminal defendant's poverty is not necessarily inconsistent with zealous advocacy. But whether lawyers for the poor adequately protect their clients' rights in criminal cases is the subject of ongoing debate.
Scottsboro Boys In 1991: The Promise Of Adequate Criminal Representation Through The Years, Charles W. Wolfram
Scottsboro Boys In 1991: The Promise Of Adequate Criminal Representation Through The Years, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
Ineffective Assistance Of Counsel
(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron
(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron
Scholarly Works
No abstract provided.
(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron
(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron
Scholarly Works
No abstract provided.
Current Status Of The Traditional Duty Of The Attorney To Serve Without Compensation Upon Court Appointment, Henry M. Hills
Current Status Of The Traditional Duty Of The Attorney To Serve Without Compensation Upon Court Appointment, Henry M. Hills
West Virginia Law Review
No abstract provided.
Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan
Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan
Touro Law Review
No abstract provided.
Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi
Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi
Publications
No abstract provided.