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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 Jan 2010

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Sep 2008

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 Jan 2006

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 Jan 2006

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 Oct 2005

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 Jan 2004

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 Jun 2003

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. Aug 2002

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 Nov 2001

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 Jan 2000

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 Jan 1999

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 Jan 1998

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. Apr 1996

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 Sep 1994

The Right To Effective Assistance Of Appellate Counsel, Lissa Griffin

West Virginia Law Review

No abstract provided.


Ineffective Assistance Of Counsel: People V. Claudio Jan 1994

Ineffective Assistance Of Counsel: People V. Claudio

Touro Law Review

No abstract provided.


Ineffective Assistance Of Counsel: People V. Morin Jan 1994

Ineffective Assistance Of Counsel: People V. Morin

Touro Law Review

No abstract provided.


Defending The Poor, Bennett L. Gershman Mar 1993

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 Apr 1992

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 Jan 1992

Ineffective Assistance Of Counsel

Touro Law Review

No abstract provided.


Right To Counsel Jan 1992

Right To Counsel

Touro Law Review

No abstract provided.


Right To Counsel Jan 1992

Right To Counsel

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron Jan 1992

(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 Jan 1992

(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 Jun 1991

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 Jan 1991

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 Jan 1991

Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi

Publications

No abstract provided.