Heeding Gideon’S Call In The Twenty-First
Century: Holistic Defense And The
New Public Defense Paradigm,
2013
Washington and Lee University School of Law
Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg
Washington and Lee Law Review
No abstract provided.
The Problem With Misdemeanor
Representation,
2013
Washington and Lee University School of Law
The Problem With Misdemeanor Representation, Erica Hashimoto
Washington and Lee Law Review
No abstract provided.
Gideon Skepticism,
2013
Washington and Lee University School of Law
Gideon Skepticism, Alexandra Natapoff
Washington and Lee Law Review
The criminal defense lawyer occupies a special doctrinal place in criminal procedure. It is the primary structural guarantor of fairness, the single most important source of validation for individual convictions. Conversely, if a person did have a competent lawyer, it generates a set of presumptions that his trial was in fact fair, the evidence sufficient, and his plea knowing and voluntary. This is a highly problematic legal fiction. The presence of counsel advances but cannot guarantee fair trials and voluntary pleas. More fundamentally, a lawyer in an individual case will often be powerless to address a wide variety of systemic …
Crashing The Misdemeanor System,
2013
Washington and Lee University School of Law
Crashing The Misdemeanor System, Jenny Roberts
Washington and Lee Law Review
No abstract provided.
Two Rights To Counsel,
2013
Washington and Lee University School of Law
Two Rights To Counsel, Josh Bowers
Washington and Lee Law Review
No abstract provided.
Too Poor To Hire A Lawyer But Not
Indigent: How States Use The Federal
Poverty Guidelines To Deprive
Defendants Of Their Sixth Amendment
Right To Counsel,
2013
Washington and Lee University School of Law
Too Poor To Hire A Lawyer But Not Indigent: How States Use The Federal Poverty Guidelines To Deprive Defendants Of Their Sixth Amendment Right To Counsel, John P. Gross
Washington and Lee Law Review
No abstract provided.
Criminal Defense Lawyer Moneyball: A
Demonstration Project,
2013
Washington and Lee University School of Law
Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples
Washington and Lee Law Review
No abstract provided.
Unstoppable V. Unwaivable,
2013
Washington and Lee University School of Law
Unstoppable V. Unwaivable, Steven Benjamin
Washington and Lee Law Review
No abstract provided.
Shrinking Gideon And Expanding
Alternatives To Lawyers,
2013
Washington and Lee University School of Law
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
Washington and Lee Law Review
No abstract provided.
Getting Real About Gideon: The Next
Fifty Years Of Enforcing The Right To
Counsel,
2013
Washington and Lee University School of Law
Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan
Washington and Lee Law Review
No abstract provided.
“Potential Innocence”: Making The Most
Of A Bleak Environment For Public
Support Of Indigent Defense,
2013
Washington and Lee University School of Law
“Potential Innocence”: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller
Washington and Lee Law Review
No abstract provided.
Lamentations, Celebrations, And
Innovations: Gideon At 50,
2013
Washington and Lee University School of Law
Lamentations, Celebrations, And Innovations: Gideon At 50, John D. King
Washington and Lee Law Review
No abstract provided.
Validating The Right To Counsel,
2013
Washington and Lee University School of Law
Validating The Right To Counsel, Brandon L. Garrett
Washington and Lee Law Review
No abstract provided.
Gideon Was A Prisoner: On Criminal
Defense In A Time Of Mass
Incarceration,
2013
Washington and Lee University School of Law
Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith
Washington and Lee Law Review
No abstract provided.
Reconceptualizing The Burden Of Proof,
2013
Vanderbilt University Law School
Reconceptualizing The Burden Of Proof, Edward K. Cheng
Vanderbilt Law School Faculty Publications
The preponderance standard is conventionally described as an absolute probability threshold of 0.5. This Essay argues that this absolute characterization of the burden of proof is wrong. Rather than focusing on an absolute threshold, the Essay reconceptualizes the preponderance standard as a probability ratio and shows how doing so eliminates many of the classical problems associated with probabilistic theories of evidence. Using probability ratios eliminates the so-called Conjunction Paradox, and developing the ratio tests under a Bayesian perspective further explains the Blue Bus problem and other puzzles surrounding statistical evidence. By harmonizing probabilistic theories of proof with recent critiques advocating …
The Future Of Residual Clause Interpretation: "Shanking" The Commentary And Simplifying Sentencing Enhancement Analysis After United States V. Mobley,
2013
Villanova University Charles Widger School of Law
The Future Of Residual Clause Interpretation: "Shanking" The Commentary And Simplifying Sentencing Enhancement Analysis After United States V. Mobley, Nicholas A. Novy
Villanova Law Review (1956 - )
No abstract provided.
When Pregnancy Is An Injury: Rape, Law, And Culture,
2013
Boston University School of Law
When Pregnancy Is An Injury: Rape, Law, And Culture, Khiara M. Bridges
Faculty Scholarship
This Article examines criminal statutes that grade more severely sexual assaults that result in pregnancy. These laws, which define pregnancy as a “substantial bodily injury,” run directly counter to positive constructions of pregnancy within culture. The fact that the criminal law, in this instance, reflects this negative, subversive understanding of pregnancy creates the possibility that this idea may be received within culture as a construction of pregnancy that is as legitimate as positive understandings. In this way, these laws create possibilities for the reimagining of pregnancy within law and society. Moreover, these laws recall the argumentation that proponents of abortion …
Comments On Maryland V. King In 'U.S. Supreme Court To Hear Arguments Over Md. Dna Case: Justices' Decision Will Have National Implications On Future Crime-Fighting Procedures',
2013
University of Baltimore School of Law
Comments On Maryland V. King In 'U.S. Supreme Court To Hear Arguments Over Md. Dna Case: Justices' Decision Will Have National Implications On Future Crime-Fighting Procedures', Colin Starger
All Faculty Scholarship
No abstract provided.
The Battered Wife Syndrome: A Potential Defense To A Homicide Charge,
2013
Pepperdine University
The Battered Wife Syndrome: A Potential Defense To A Homicide Charge, Thomas G. Kieviet
Pepperdine Law Review
No abstract provided.
Implied Fortitude: California's Defense Of Duress,
2013
Pepperdine University
Implied Fortitude: California's Defense Of Duress, Russell Stephan Kerr
Pepperdine Law Review
No abstract provided.
