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Articles 631 - 660 of 730
Full-Text Articles in Judges
Justice Stillborn: Lies, Lacunae, Incommensurability, And The Judicial Role, E. Nathaniel Gates
Justice Stillborn: Lies, Lacunae, Incommensurability, And The Judicial Role, E. Nathaniel Gates
Cardozo Law Review
No abstract provided.
The Judge's Dilemma: Duty Or Conscience?, Robert W. Sweet
The Judge's Dilemma: Duty Or Conscience?, Robert W. Sweet
Cardozo Law Review
No abstract provided.
Ignorance Of Law Is An Excuse - But Only For The Virtuous, Dan M. Kahan
Ignorance Of Law Is An Excuse - But Only For The Virtuous, Dan M. Kahan
Michigan Law Review
It's axiomatic that "ignorance of the law is no excuse." My aim in this essay is to examine what the "mistake of law doctrine" reveals about the relationship between criminal law and morality in general and about the law's understanding of moral responsibility in particular. The conventional understanding of the mistake of law doctrine rests on two premises, which are encapsulated in the Holmesian epigrams with which I've started this essay. The first is liberal positivism. As a descriptive claim, liberal positivism holds that the content of the law can be identified without reference to morality: one needn't be a …
Judicial Interference With Effective Advocacy By The Defense, Bennett L. Gershman
Judicial Interference With Effective Advocacy By The Defense, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
A fundamental premise of the American criminal justice system is defense counsel's zealous professional advocacy. Representation of a criminal defendant to be effective must be vigorous. In administering a trial, judges have a duty to ensure a fair and orderly proceeding. On occasion, however, judges overstep the line and impede defense counsel's advocacy functions unfairly. This article describes some of the ways that trial judges may violate legal and ethical standards by improperly interfering with defense counsel's courtroom functions.
It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein
It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Mistake Of Federal Criminal Law: A Study Of Coalitions And Costly Information, Erin O'Hara O'Connor, Richard S. Murphy
Mistake Of Federal Criminal Law: A Study Of Coalitions And Costly Information, Erin O'Hara O'Connor, Richard S. Murphy
Scholarly Publications
This article analyzes Supreme Court and other federal court cases, to explain the seemingly disparate incorporation of mistake of law excuses into federal criminal statutes. Most of the cases can be explained from an information cost perspective. If an easily separable subset of the regulated population cannot be induced to learn their legal obligations given credibly low prior probabilities and high information costs, they are excused from criminal liability. Moreover, when criminal statutes are vulnerable to constituent protest, courts require that enforcers increase awareness of the law through information subsidies rather than convicting the ignorant. At least with mistake of …
Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii
Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii
Faculty Publications
In the remarks that follow, I do four things. First, for those unfamiliar with the Federal Sentencing Guidelines, I begin by explaining briefly how the Guidelines work. Second, I endeavor to show why Judge Cabranes is wrong, absolutely wrong in declaring the Guidelines a failure, and mostly wrong in the specific criticisms he and others level against the Guidelines. Third, after jousting with Judge Cabranes a bit, I discuss some problems with the current federal sentencing system, most notably the sheer length of narcotics sentences. Finally, I comment briefly on some of the implications of the Guidelines, and the principles …
Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss
Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss
Indiana Law Journal
No abstract provided.
Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber
Cardozo Law Review
The second edition of the Hermeneutics was published in 1839, and has now been out of print for almost forty years. In 1860 Dr. Lieber carefully revised it, and made additions to both text and notes, expecting to publish a third edition, with a second part, of "Special Hermeneutics, or Legal Rules of Interpretation and Construction," by an eminent member of the New York Bar, Mr. William Curtis Noyes. This plan, however, was not carried out, and Mr. Noyes died December 25, 1863, without having written his proposed part. The text of the present edition, and Dr. Lieber's own notes, …
Judicial Response To Changing Societal Values On The Death Penalty: Must The Method Chosen Be The Most Humane, Brian P. Hill
Judicial Response To Changing Societal Values On The Death Penalty: Must The Method Chosen Be The Most Humane, Brian P. Hill
St. Thomas Law Review
No abstract provided.
Eye On Justice, Roger J. Miner '56
Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar
Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar
Articles
I grieve for my country to say that the administration of the criminal law in all the states in the Union (there may be one or two exceptions) is a disgrace to our civilization.
"Use" And The Irresistible Impulse To Legislate, Robert C. Dorf
"Use" And The Irresistible Impulse To Legislate, Robert C. Dorf
Touro Law Review
No abstract provided.
What's Happening With Respect To The Second Circuit, Hon. George C. Pratt
What's Happening With Respect To The Second Circuit, Hon. George C. Pratt
Touro Law Review
No abstract provided.
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.
Impeachment By Conviction Evidence: Judicial Discretion And The Politics Of Rule 609, Victor Gold
Impeachment By Conviction Evidence: Judicial Discretion And The Politics Of Rule 609, Victor Gold
Cardozo Law Review
No provision of the Federal Rules of Evidence has sparked more controversy than Rule 609, which deals with the admissibility of convictions to impeach a witness. When first proposed, the provision was the subject of fierce debate, sparking repeated revision during its drafting and while it was under consideration by Congress. Ultimately, no one side in this legislative battle prevailed entirely; the Rule strikes a compromise between sharply conflicting policies. The text of Rule 609, incorporating no less than three balancing tests, two references to fairness, one to justice, and several other undefined terms, leaves the task of resolving the …
Table Of Contents - Cardozo Law Review, Volume 15, Issues 6-7
Table Of Contents - Cardozo Law Review, Volume 15, Issues 6-7
Cardozo Law Review
No abstract provided.
Deliberate Indifference: Judicial Tolerance Of Racial Bias In Criminal Justice, Bryan A. Stevenson, * Ruth E. Friedman
Deliberate Indifference: Judicial Tolerance Of Racial Bias In Criminal Justice, Bryan A. Stevenson, * Ruth E. Friedman
Washington and Lee Law Review
No abstract provided.
Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines
Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines
St. Thomas Law Review
This Article is not written in defense of drunk drivers - they have no defense. It is written in defense of due process, which the courts, by constitutional mandate, must provide to al defendants including drunk drivers. It is a mandate the New Jersey Supreme Court has ignored, thereby encouraging the appearance of an over-eagerness to convict. Too often, the court has curtailed the liberties of DWI defendants, speeding convictions, and therefore dispositions, to further the demands of efficiency.
The Rule Of Law In An Emerging World Order, 26 J. Marshall L. Rev. 715 (1993), William Webster
The Rule Of Law In An Emerging World Order, 26 J. Marshall L. Rev. 715 (1993), William Webster
UIC Law Review
No abstract provided.
Voting Behavior On The Texas Court Of Criminal Appeals, 1991-92, Keith A. Rowley, Michael D. Weiss
Voting Behavior On The Texas Court Of Criminal Appeals, 1991-92, Keith A. Rowley, Michael D. Weiss
Scholarly Works
Between early 1991, when Judge Fortunato Benavides was appointed to replace Judge Marvin O. Teague, and July 1, 1992, the Texas Court of Criminal Appeals decided 251 cases where the ultimate question at stake was whether or not an accused individual would receive punishment for his or her alleged wrongdoing. While the sitting judges unanimously decided roughly one-half of these cases, 133 cases resulted in one or more dissenting votes. Furthermore, a margin of two votes or less decided thirty-five cases.
The purpose of this Article is to analyze and, if possible, explain the voting behavior of the members of …
Forensic Expertise In Dutch Criminal Procedure, Johannes F. Nijboer
Forensic Expertise In Dutch Criminal Procedure, Johannes F. Nijboer
Cardozo Law Review
No abstract provided.
The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen
The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen
Touro Law Review
No abstract provided.