Giving Teeth To State Constitutions: Using History To Argue Utah's Constitution Affords Greater Protections To Criminal Defendants,
2018
University of Idaho College of Law
Giving Teeth To State Constitutions: Using History To Argue Utah's Constitution Affords Greater Protections To Criminal Defendants, Samuel P. Newton
Articles
No abstract provided.
Decoding Guilty Minds: How Jurors Attribute Knowledge And Guilt,
2018
Vanderbilt University Law School
Decoding Guilty Minds: How Jurors Attribute Knowledge And Guilt, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie, Morris B. Hoffman, Owen D. Jones, Kenneth W. Simons
Vanderbilt Law Review
Our personal data is everywhere and anywhere, moving across national borders in ways that defy normal expectations of how things and people travel from Point A to Point B. Yet, whereas data transits the globe without any intrinsic ties to territory, the governments that seek to access or regulate this data operate with territorial-based limits. This Article tackles the inherent tension between how governments and data operate, the jurisdictional conflicts that have emerged, and the power that has been delegated to the multinational corporations that manage our data across borders as a result. It does so through the lens of …
Pursing The Guilty And Protecting The Innocent Through Smart Prosecution,
2018
District Attorney General - Memphis, TN
Pursing The Guilty And Protecting The Innocent Through Smart Prosecution, Amy Weirich
Belmont Criminal Law Journal
Transcript of a presentation given during the 2017 Symposium by General Amy Weirich, who serves as the District Attorney General for the 30th Judicial District in Memphis, Tennessee. She speaks about what district attorneys do and also, the big question posed: “If I could change one thing about the criminal justice system, what would that be?”. She starts by providing background on how the office in Shelby County, Tennessee, works and how most DA’s offices work around the nation and moves on to Shelby County's pilot of vertical prosecution including community policing, community prosecution and hopeful implementation of community …
It's Amazing What You Can Find In Those Books: Top Ten Underutilized Rules For The Criminal Law Practitioner,
2018
Ritchie, Dillard, Davies, & Johnson, P.C.
It's Amazing What You Can Find In Those Books: Top Ten Underutilized Rules For The Criminal Law Practitioner, Wade Davies
Belmont Criminal Law Journal
Transcript of a presentation given during the 2017 Symposium by Wade Davies a partner at Ritchie Dillard Davies & Johnson in Knoxville, Tennessee. You should never assume that you know how to do something no matter how long you have been practicing law. One of the best things you can do if you’re trying cases, no matter how long you’ve been doing it, is to take out the rule book and re-read the Rules of Evidence and the Rules of Criminal Procedure. When you read the rules in a different context when you’re working on different cases, reconsidering the rules …
Public Defense In Tennessee: Public Pretense?,
2018
Nashville-Davidson County Metropolitan Public Defender's Office
Public Defense In Tennessee: Public Pretense?, Dawn Deaner
Belmont Criminal Law Journal
Transcript of a presentation given during the 2017 Symposium by Dawn Deaner the Metropolitan Public Defender for Nashville-Davidson County. Today I will talk about the problems I see in Tennessee, and some solutions that could help. I am a public defender, and I am going to talk about public defense in Tennessee from a public defender’s perspective. I will touch upon ideals of equality, justice, fairness, and ethics. I will also touch on our legal duty, as well as our moral duty as people who care, hopefully, about equal justice in this country.
Prosecutorial Ethics And Wrongful Convictions,
2018
Belmont University - College of Law
Prosecutorial Ethics And Wrongful Convictions, Victor (Torry) S. Johnson
Belmont Criminal Law Journal
Transcript of a presentation given during the 2017 Symposium by Victor S. (Torry) Johnson former District Attorney General for Davidson County and current visiting Professor of Law at Belmont University College of Law. Today, we are going to talk about lessons from wrongful convictions. We are going to look at the historical contexts of wrongful convictions. We will examine some of the main factors that seem to exist in some of the important cases that illustrate those wrongful convictions. We will also talk about the possible causes and look at the role that lawyers play, regardless of which side of …
Belmont Criminal Law Journal Symposium 2017: Judicial Panel,
2018
Supreme Court of Tennessee - Chief Justice
Belmont Criminal Law Journal Symposium 2017: Judicial Panel, Jeffery S. Bivins, Joseph A. Woodruff, Timothy L. Easter, Angelita B. Dalton
Belmont Criminal Law Journal
Transcript of the Judicial Panel given during the 2017 Symposium featuring Chief Justice Jeffrey S. Bivins, Judge Joseph A. Woodruff, Judge Timothy L. Easter, and Judge Angelita B. Dalton.
Title Ix From A Coordinator's Perspective,
2018
Lipscomb University
Title Ix From A Coordinator's Perspective, Kathy Hargis, Stephanie Roth
Belmont Criminal Law Journal
Transcript of a presentation given during the 2018 Symposium by Title IX Coordinators Kathy Hargis and Stephanie Roth giving a sense of what exactly Title IX provides for and what the scope of Title IX is.
Getting It Right: Title Ix's Role In Adjudicating Sexual Assault Claims,
2018
Texas A&M University School of Law
Getting It Right: Title Ix's Role In Adjudicating Sexual Assault Claims, Mary Margaret "Meg" Penrose
Belmont Criminal Law Journal
Sexual assault is a crime. We have a serious issue in the United States with sexual assault and sexual harassment. We are seeing this play out right now, and I think the “Me Too” campaign has brought important attention to this issue. An issue that impacts not only our college residence halls, but, as we have seen, the halls of Congress. Serious people are not debating whether sexual assault and sexual harassment pose a societal problem. Rather, serious people are debating how to adequately address these issues without compromising fairness to all involved.
Perspectives On Title Ix From A General Counsel's Office,
2018
Tennessee State University
Perspectives On Title Ix From A General Counsel's Office, Laurence Pendleton, Jeff Farrar
Belmont Criminal Law Journal
Transcript of a presentation given during the 2018 Symposium by Laurence Pendleton who serves as University Counsel and Secretary to the Board of Trustees at Tennessee State University and Jeff Farrar who serves as the Associate University Counsel for Middle Tennessee State University discussing the role of the Department of Education in providing recommendations and advice to universities and the role of an attorney in the general counsel's office in interacting with Title IX.
Prosecuting And Defending Campus Assaults: Practitioners' Perspectives,
2018
Belmont University - College of Law
Prosecuting And Defending Campus Assaults: Practitioners' Perspectives, Victor (Torry) S. Johnson, Richard Mcgee
Belmont Criminal Law Journal
Transcript of a presentation given during the 2018 Symposium by Victor S. (Torry) Johnson former District Attorney General for Davidson County and current Visiting Professor of Law at Belmont University College of Law and Richard McGee a criminal defense lawyer in Nashville, Tennessee in the Public Defender’s Office giving a practitioner's perspective on prosecuting and defending campus assaults.
Criminal Law In Practice Series: Jury Selection,
2018
Belmont University - College of Law
Criminal Law In Practice Series: Jury Selection, Rob Mcguire
Belmont Criminal Law Journal
Transcript of a presentation given during the Criminal Law in Practice Series by Rob McGuire who currently serves as Assistant United States Attorney for the Middle District of Tennessee and an adjunct professor at Belmont University College of Law speaking on Jury Selection.
Criminal Law In Practice Series: Appellate Procedure Panel,
2018
Tennessee Attorney General’s Office
Criminal Law In Practice Series: Appellate Procedure Panel, Leslie Price, Jeff Devasher
Belmont Criminal Law Journal
Transcript of a presentation given during the Criminal Law in Practice Series by Leslie Price with the Tennessee Attorney General’s Office and Jeff DeVasher with the Nashville Public Defenders Office discussing some appellate law issues.
State Of Tennessee V. Antoine Perrier,
2018
Belmont University - College of Law
State Of Tennessee V. Antoine Perrier, Nickolas Bolduc, Dakota Dexter
Belmont Criminal Law Journal
Student comments on the Tennessee Supreme Court decision “State of Tennessee v. Antoine Perrier”. The law now holds that the Tennessee legislature intended that the phrase “not engaged in unlawful activity” contained in the self-defense statute constitutes a condition on an individual’s privilege to not retreat prior to exercising self-defense. Next, the trial court now possesses the duty of determining whether a defendant was engaged in unlawful activity at the time of the alleged self-defense as to negate the applicable instruction. Those holdings are the newest additions to Tennessee law.
State Of Tennessee V. Sedrick Clayton,
2018
Belmont University - College of Law
State Of Tennessee V. Sedrick Clayton, Amanda Gentry, Kendahl Shoemaker
Belmont Criminal Law Journal
Student comments on the Tennessee Supreme Court decision “State of Tennessee v. Sedrick Clayton”. All defendants charged with crimes deserve a competent and rigorous defense because of the higher stakes in a criminal matter, the loss of liberty, and none more so than in a capital punishment case where the stakes for the defendant are at the highest—the loss of life. This case and the Court’s subsequent analysis illustrates the incredible importance of compliance with all procedural requirements when mounting a defense on behalf of a defendant, as the failure to comply with certain procedural rules ultimately resulted in the …
Anything You Spit Can Be Use Against You,
2018
Belmont University - College of Law
Anything You Spit Can Be Use Against You, Juliana Lamar
Belmont Criminal Law Journal
Rap lyrics have a high probative value when the lyrics tend to show a defendant’s destructive behavior and confrontational mindset, but the use of this evidence can be highly prejudicial to criminal defendants. Studies have shown graphic evidence leads jurors to experience negative emotional states, and to analyze evidence in accordance with those feelings. This suggests that if a defendant’s profane and violent lyrics are presented before the jury, there is a strong likelihood the jury will react more to the words in the lyrics in characterizing the defendant, rather than the defendant’s case as a whole. To avoid the …
Structural Change In State Postconviction Review,
2018
University of Maryland School of Law
Structural Change In State Postconviction Review, Lee Kovarsky
Notre Dame Law Review
This Article's ultimate objectives are to diagnose, predict, and evaluate structural change in State PCR. Because claims and evidence necessary to enforce constitutional rights increasingly require a meaningful collateral forum, and because the federal collateral forum is so limited, State PCR is, for lack of a better term, the Last Man Standing. That status is not lost on the Supreme Court and lower federal judges, who are adapting available legal rules to try to improve the efficacy of collateral process in state court. And such adaptation does add to the bite of criminal-process rights, the underenforcement of which is perceived …
Why The Categorical Approach Should Not Be Used When Determining Whether An Offense Is A Crime Of Violence Under The Residual Clause Of 18 U.S.C. § 924 (C),
2018
American University Washington College of Law
Why The Categorical Approach Should Not Be Used When Determining Whether An Offense Is A Crime Of Violence Under The Residual Clause Of 18 U.S.C. § 924 (C), Mary Frances Richardson
American University Law Review
No abstract provided.
From The Editor-In-Chief,
2018
American University Washington College of Law
From The Editor-In-Chief, Dolores Sinistaj
Criminal Law Practitioner
No abstract provided.
A Perfect Storm: New Mexico As A Case Study For Driving While Intoxicated And Driving Under The Influence Investigation And Persecution Post-Birchfield,
2018
University of New Mexico School of Law
A Perfect Storm: New Mexico As A Case Study For Driving While Intoxicated And Driving Under The Influence Investigation And Persecution Post-Birchfield, Cynthia Armijo
Criminal Law Practitioner
No abstract provided.
