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Articles 6511 - 6540 of 12076
Full-Text Articles in Criminal Procedure
The Child Declarant, The Confrontation Clause, And The Forfeiture Doctrine, Clifford S. Fishman
The Child Declarant, The Confrontation Clause, And The Forfeiture Doctrine, Clifford S. Fishman
Scholarly Articles
The Confrontation Clause of the Sixth Amendment normally precludes the state from offering a child's "testimonial" hearsay statements into evidence if the child does not testify. An exception to that rule arises, however, if the defendant has engaged in misconduct that results in the forfeiture of the right to confront the child in court. In Giles v California, the United States Supreme Court attempted to clarify what a prosecutor must show in order to invoke the forfeiture doctrine. This Article examines the effect of Giles on the "testimonial" statement of a child declarant who does not testify at the defendant's …
Systemic Indigent Defense Litigation: A 2010 Update, Cara H. Drinan
Systemic Indigent Defense Litigation: A 2010 Update, Cara H. Drinan
Scholarly Articles
Part I of this Essay describes the systemic indigent defense suits in Michigan and New York, noting their similar but ultimately divergent paths. Part II addresses the question of how systemic litigation in the indigent defense arena is faring in the wake of the Michigan suit. Despite the Michigan setback, this kind of litigation may still be a powerful reform tool in certain jurisdictions. Moreover, in some jurisdictions there will always be the need for litigation simply because it is the only path to reform. I note three jurisdictions where litigation is either already happening in some fashion and/or where …
Why Did China Reform Its Death Penalty?, Kandis Scott
Why Did China Reform Its Death Penalty?, Kandis Scott
Washington International Law Journal
China recently reformed its death penalty laws, and as a result the government has executed fewer prisoners. The author explores possible reasons and policy concerns behind China's legal reform. These influences include international forces and domestic factors, such as the media, changed circumstances, compassion, and politics. Although hardly transparent, the underlying motivations for the revisions suggest that eventually China may abolish capital punishment, perhaps even before the United States does so.
The Quest For Victims' Justice In India, Subhradipta Sarkar
The Quest For Victims' Justice In India, Subhradipta Sarkar
Human Rights Brief
No abstract provided.
Rereading Rauscher Is It Time For The United States To Abandon The Rule Of Specialty, Mark A. Summers
Rereading Rauscher Is It Time For The United States To Abandon The Rule Of Specialty, Mark A. Summers
Faculty Scholarship
No abstract provided.
View From The Trenches: The Struggle To Free William Richards, Jan Stiglitz
View From The Trenches: The Struggle To Free William Richards, Jan Stiglitz
Faculty Scholarship
This article discusses the circumstantial evidence against a wrongly convicted man and the California Innocence Project's efforts to seek his release.
"And I Don't Know Why It Is That You Threw Your Life Away": Abolishing Life Without Parole, The Supreme Court In Graham V. Florida Now Requires States To Give Juveniles Hope For A Second Chance, Leslie Culver
Faculty Scholarship
Terrance Graham pled guilty to armed burglary with assault or battery and attempted armed robbery when he was sixteen years old. He was sentenced to prison for the rest of his life. Like Roe v. Wade made history by forcing this country to consider the morality of abortion, so too will the United States Supreme Court's decision in Graham v. Florida make history by challenging the morality of sentencing juveniles for the rest of their lives. After firmly abolishing the death penalty for all juvenile offenders under the age of eighteen, as a violation of the Eighth Amendment's Cruel and …
The California Public Defender: Its Origins, Evolution And Decline, Laurence A. Benner
The California Public Defender: Its Origins, Evolution And Decline, Laurence A. Benner
Faculty Scholarship
No abstract provided.
Degree Of Precision Required In International Criminal Indictments, David O"Brien
Degree Of Precision Required In International Criminal Indictments, David O"Brien
War Crimes Memoranda
No abstract provided.
The Domestication Of International Criminal Law: A Proposal For Expanding The International Criminal Court's Sphere Of Influence, 43 J. Marshall L. Rev. 635 (2010), Lisa J. Laplante
UIC Law Review
No abstract provided.
How Far Can The Automobile Exception Go? How Searches Of Computers And Similar Devices Push It To The Limit, 43 J. Marshall L. Rev. 1119 (2010), Andrew Wrona
UIC Law Review
No abstract provided.
What Is The Legal Standard For Confirming An Indictment In International Criminal Courts? How Might The Case Law Of The Other International Courts Apply At Stl?, Kevin M. Griffith
What Is The Legal Standard For Confirming An Indictment In International Criminal Courts? How Might The Case Law Of The Other International Courts Apply At Stl?, Kevin M. Griffith
War Crimes Memoranda
No abstract provided.
What Is The Practice/Policy At The International Tribunals With Regard To Providing Witnesses Copies Of Their Statements? Do International Tribunals Have Blanket Policies, Or Is It On A Case-By-Case Basis (E.G., If The Witness Asks For It)? What Is The Practice In National Jurisdictions?, Yedga Sikod
War Crimes Memoranda
No abstract provided.
The Use Of Sealed Indictments In International Law And The Issuance Of Sealed Indictments Ex Parte. Specifically Addressing The Case Law Of The International Tribunals As It Pertains To Sealed Indictments. Also, Whether It Is Legally Possible To Issue Sealed Indictments Ex Parte., Gregory L. Watkins
War Crimes Memoranda
No abstract provided.
Proceeding In The Physical Absence Of The Accused, And The Use Of Technology, Jon-Paul Mcconnell
Proceeding In The Physical Absence Of The Accused, And The Use Of Technology, Jon-Paul Mcconnell
War Crimes Memoranda
No abstract provided.
Head Of State Immunity And Immunity Claims Against Witness Subpoena Requests. Specifically Addressing The Scope Of Head Of State And State Official Immunity, And Whether Claims Of Immunity May Successfully Prevent Witness Subpoena Requests At International And Hybrid Tribunals., Iskra Miralem
War Crimes Memoranda
No abstract provided.
Potential Procedural Problems With Applying International Standards In Domestic Kenyan Courts, Kimberly M. Brown
Potential Procedural Problems With Applying International Standards In Domestic Kenyan Courts, Kimberly M. Brown
War Crimes Memoranda
No abstract provided.
Appeal Based On Inadequate Representation, Ugochi Madubata
Appeal Based On Inadequate Representation, Ugochi Madubata
War Crimes Memoranda
No abstract provided.
Can The Trial Chamber Add Charges To The Indictment Based On The Discovery Of Evidence At Trial?, Danamarie Pannella
Can The Trial Chamber Add Charges To The Indictment Based On The Discovery Of Evidence At Trial?, Danamarie Pannella
War Crimes Memoranda
No abstract provided.
Policing From The Gut: Anti-Intellectualism In American Criminal Procedure, Brian J. Foley
Policing From The Gut: Anti-Intellectualism In American Criminal Procedure, Brian J. Foley
Maryland Law Review
No abstract provided.
The Unintentional Rapist, Bennett Capers
Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill
Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Waiving Good-Bye To Inconsistency: Factual Basis Challenges To Guilty Pleas In Federal Courts, William T. Stone Jr
Waiving Good-Bye To Inconsistency: Factual Basis Challenges To Guilty Pleas In Federal Courts, William T. Stone Jr
Georgia Law Review
Rule 11(b)(3) of the Federal Rules of CriminalProcedure
requires courts to determine that criminal defendants'
guilty pleas have a factual basis. Once a district court
accepts a guilty plea, appellate courts diverge in their
willingness to review challenges to the sufficiency of the
plea's factual basis. Some federal circuits hold that a
factual basis challenge is waived by the guilty plea. Other
jurisdictions will review a defendant's factual basis
challenge on appeal. Despite the lack of clarity on this
point, the Supreme Court has not yet provided guidance
and the federal circuit courts have not offered a great deal
of …
Prosecution Of Genocide V. The Fair Trial Principle: Comments On Brown And Others V. The Government Of Rwanda And The Uk Secretary Of State For The Home Department, Mark A. Drumbl
Scholarly Articles
The article examines the 2009 decision of the United Kingdom High Court of Justice to deny the extradition of four genocide suspects to Rwanda owing to fair trial and partiality concerns with the Rwandan judiciary. It begins by reviewing the relevant UK extradition legislation, the pertinent facts and the rationale for the judgment and proceeds to situate this decision within the broader transnational judicial scepticism about the extradition or transfer of genocide suspects to Rwanda. While this scepticism arises from valid concerns regarding the contemporary state of human rights in Rwanda, it nevertheless contributes to the perpetuation of impunity surrounding …
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
University of Richmond Law Review
No abstract provided.
A Structural Vision Of Habeas Corpus, Eve Brensike Primus
A Structural Vision Of Habeas Corpus, Eve Brensike Primus
Articles
As scholars have recognized elsewhere in public law, there is no hermetic separation between individual rights and structural or systemic processes of governance. To be sure, it is often helpful to focus on a question as primarily implicating one or the other of those categories. But a full appreciation of a structural rule includes an understanding of its relationship to individuals, and individual rights can both derive from and help shape larger systemic practices. The separation of powers principle, for example, is clearly a matter of structure, but much of its virtue rests on its promise to help protect the …
Flouting Faretta: The Supreme Court’S Failure To Adopt A Coherent Communication Standard Of Competency And The Threat To Self-Representation After Indiana V. Edwards, Conor P. Cleary
Oklahoma Law Review
No abstract provided.
Untangling Double Jeopardy In Mixed-Verdict Cases, Lissa Griffin
Untangling Double Jeopardy In Mixed-Verdict Cases, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This Article attempts to describe and untangle the confusion leading up to and resulting from the Yeager decision. Part II examines the four distinct double jeopardy areas presented in Yeager, with particular emphasis on the two conflicting precedents of collateral estoppel and the non-finality of a hung jury. Part III closely examines the Yeager decision itself. Part IV analyzes Yeager in light of its tangled doctrinal history and places it in the context of the Court's several other short-lived and rapidly reversed precedents. The Article concludes that the Court's holding in Yeager is neither justified by its precedent nor adequately …
The Police-Prosecutor Relationship And The No-Contact Rule: Conflicting Incentives After Montejo V. Louisiana And Maryland V. Shatzer, Caleb Mason
Cleveland State Law Review
In this paper, I examine the consequences of the divergence of ethical and constitutional rules, with particular attention to the institutional dynamics of criminal investigation and specifically the relationship between police and prosecutors. This relationship is of crucial importance because Montejo and Shatzer create a legal regime in which non-lawyer agents and officers may initiate investigative contact with represented defendants in circumstances in which prosecutors are absolutely forbidden to do so. This situation undermines the ability of prosecutors to effectively supervise the investigation of their cases and puts them in an untenable position when advising agents on the law.
Right Problem; Wrong Solution, Joseph L. Hoffmann, Nancy J. King
Right Problem; Wrong Solution, Joseph L. Hoffmann, Nancy J. King
Articles by Maurer Faculty
No abstract provided.