Gender And The Charles Taylor Case At The Special Court For Sierra Leone,
2012
Western Law, Western University
Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld
Law Publications
No abstract provided.
The Invalidity Of A Plea Of Guilty To A Criminal Offense Made By Video Teleconferencing When The Defendant Is Not Present In Open Court,
2012
University of Arkansas at Little Rock William H. Bowen School of Law
The Invalidity Of A Plea Of Guilty To A Criminal Offense Made By Video Teleconferencing When The Defendant Is Not Present In Open Court, William R. Simpson Jr., Clint Miller, David Sudduth
University of Arkansas at Little Rock Law Review
A guilty plea by a defendant is more than an admission of conduct; it is the nail in the coffin that closes the case and results in conviction. Despite the critical importance of this moment, Arkansas district and circuit courts are more commonly taking guilty pleas from defendants by video teleconferencing (VTC) instead of requiring defendants to be physically present in the courtroom. This essay sets forth three separate arguments in support of the notion that a guilty plea to a criminal offense by VTC without the defendant being present in open court is invalid as a matter of Arkansas …
Protecting Tax Payers And Crime Victims: The Case For Restricting Utah's Preliminary Hearings To Felony Offenses,
2012
S.J. Quinney College of Law, University of Utah
Protecting Tax Payers And Crime Victims: The Case For Restricting Utah's Preliminary Hearings To Felony Offenses, Paul G. Cassell, Thomas E. Goodwin
Utah OnLaw: The Utah Law Review Online Supplement
Requiring preliminary hearings for Class A misdemeanors is undesirable for two simple reasons. First, the court’s decision will result in hundreds of additional preliminary hearings a year, thus imposing substantial costs on taxpayers and burdens on an already overwhelmed criminal justice system. Second, the decision will create substantial hardships for crime victims, who will now be twice subjected to cross-examination by defense attorneys—once at the preliminary hearing and again later at trial. And these costs will generate no significant benefit in return.
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Carol’S Question,
2012
American University Washington College of Law
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Carol’S Question, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports
focusing on sexual minority youth
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Sheila’S Dilemma,
2012
American University Washington College of Law
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Sheila’S Dilemma, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports
focusing on female youth age 14-18
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Mary’S Friend,
2012
American University Washington College of Law
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Mary’S Friend, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports
focusing on female youth age 10-13
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Charlie’S Report,
2012
American University Washington College of Law
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Charlie’S Report, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports
focusing on male youth age 10-13
Can The Ceo Learn From The Condemned? The Application Of Capital Mitigation Strategies To White Collar Cases,
2012
IIT Chicago-Kent College of Law
Can The Ceo Learn From The Condemned? The Application Of Capital Mitigation Strategies To White Collar Cases, Todd Haugh
All Faculty Scholarship
Ted Kaczynski and Bernie Madoff share much in common. Both are well-educated, extremely intelligent, charismatic figures. Both rose to the height of their chosen professions—mathematics and finance. And both will die in federal prison, Kaczynski for committing a twenty-year mail-bombing spree that killed three people and seriously injured dozens more, and Madoff for committing the largest Ponzi scheme in history, bilking thousands of people out of almost $65 billion. But that last similarity—Kaczynski’s and Madoff’s plight at sentencing—may not have had to be. While Kaczynski’s attorneys tirelessly investigated and argued every aspect of their client’s personal history, mental state, motivations, …
Film Review: Mississippi Innocence And The Prosecutor’S Guilt,
2012
American University Washington College of Law
Film Review: Mississippi Innocence And The Prosecutor’S Guilt, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
Film review of Mississippi Innocence. A documentary film by Joe York. Media and Documentary Projects at the University of Mississippi (2011)
Rethinking Voir Dire,
2012
Chair and Professor, Criminal Law Department, The Judge Advocate General's Legal Center and School, U.S. Army, Charlottesville, Virginia
A Study Of Comparative Practice Of The International Tribunals. Under Which Conditions May Subpoenas Be Issued Against Witnesses And Potential Witnesses Who Refuse To Cooperate... Subpoena Has Been Issued.,
2012
Case Western Reserve University School of Law
A Study Of Comparative Practice Of The International Tribunals. Under Which Conditions May Subpoenas Be Issued Against Witnesses And Potential Witnesses Who Refuse To Cooperate... Subpoena Has Been Issued., Anna Toniolo
War Crimes Memoranda
No abstract provided.
A Study Of Comparative Practice Of The International Tribunals: How Do Other International Tribunals Deal With Witnesses Who Have Provided A Written Statement At The Pre-Trial Stage Of The Proceedings But Are Unavailable To Testify At Trial?,
2012
Case Western Reserve University School of Law
A Study Of Comparative Practice Of The International Tribunals: How Do Other International Tribunals Deal With Witnesses Who Have Provided A Written Statement At The Pre-Trial Stage Of The Proceedings But Are Unavailable To Testify At Trial?, Christopher L. Cassaniti
War Crimes Memoranda
No abstract provided.
Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates,
2012
Barry University
Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera
Faculty Scholarship
No abstract provided.
Berghuis V. Thompkins: Retreat From Miranda,
2012
Barry University School of Law
Berghuis V. Thompkins: Retreat From Miranda, Jacquline Grossi
Barry Law Review
No abstract provided.
Preplea Disclosure Of Impeachment Evidence,
2012
Elisabeth Haub School of Law at Pace University
Preplea Disclosure Of Impeachment Evidence, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Response to R. Michael Cassidy, Plea Bargaining, Discovery, and the Intractable Problem of Impeachment Disclosures, 64 Vand. L. Rev. 1429 (2011)
Necessary Suffering?: Weighing Government And Prisoner Interests In Determining What Is Cruel And Unusual,
2012
Golden Gate University School of Law
Necessary Suffering?: Weighing Government And Prisoner Interests In Determining What Is Cruel And Unusual, Brittany Glidden
Publications
Part I of this Article gives background on the origins of the Eighth Amendment doctrine concerning prison conditions and identifies persistent conflicts regarding the theoretical underpinnings for the doctrine. This history then provides context for Part II's description of the problems plaguing the current two-prong Eighth Amendment test. Part III includes a brief examination of the theoretical basis underlying other areas of Eighth Amendment jurisprudence, including those challenging criminal sentences, fines, and method of execution cases. This review demonstrates that nearly all of these doctrines rely on a determination of the "excessiveness" of a given punishment, a proportionality analysis that …
Requiring The State To Justify Supermax Confinement For Mentally Ill Prisoners: A Disability Discrimination Approach,
2012
Golden Gate University School of Law
Requiring The State To Justify Supermax Confinement For Mentally Ill Prisoners: A Disability Discrimination Approach, Brittany Glidden, Laura Rovner
Publications
The Eighth Amendment has long served as the traditional legal vehicle for challenging prison conditions, including long-term isolation or "supermax" confinement. As described by Hafemeister and George in their article, The Ninth Circle of Hell: An Eighth Amendment Analysis of Imposing Prolonged Supermax Solitary Confinement on Inmates with a Mental Illness, some prisoners with mental illness have prevailed in Eighth Amendment challenges to prolonged isolation. Yet an equal or greater number of these claims have been unsuccessful. This Essay considers why some of these cases fail, and suggests that one reason is that Eighth Amendment jurisprudence does not contain a …
Pain, Love, And Voice: The Role Of Domestic Violence Victims In Sentencing,
2012
Bar-Ilan University, Ramat-Gan, Israel
Pain, Love, And Voice: The Role Of Domestic Violence Victims In Sentencing, Hadar Dancig-Rosenberg, Dana Pugach
Michigan Journal of Gender & Law
Criminal law systems throughout the world have evolved to a stage where they no longer ask, "What is the appropriate role of the victim in a criminal trial?" The questions now relate to the scope of the victim's rights, in which procedures she has independent standing, and at what stage she should be heard. The process of the "prosecution stepping into the victim's shoes," whereby the state controls the entire criminal process, seemingly on behalf of the victim, has been replaced by the recognition that the interests of the prosecution (the State) are not always consistent with those of the …
What's Your Weirdest Case? Judges Answer Questions On The Courts,
2012
Judges of the Superior Court (San Francisco)
What's Your Weirdest Case? Judges Answer Questions On The Courts
Curtis E.A. Karnow
Section 1 answers scores of questions posed to the judges of the Superior Court by visiting school children. The questions concern how civil and criminal courts work, treatment of prisoners, what judges and lawyers do, and how one becomes a judge, among other topics. Section 2 collects a series of short essays on related subjects, as well as outlining the jury system, alternative dispute resolution, appeals, among other subjects, all in a format more suited to upper grade levels and adults. The paperback is availible through Amazon
Thank You For Testifying: The Need To Re-Examine Admission Of Expert Testimony Under Rule 703 In Relation To The Confrontation Clause In Light Of Williams V. Illinois,
2012
George Washington Law School
Thank You For Testifying: The Need To Re-Examine Admission Of Expert Testimony Under Rule 703 In Relation To The Confrontation Clause In Light Of Williams V. Illinois, Derek Regensburger
Derek Regensburger
In Williams v. Illinois, the Supreme Court, in a plurality opinion, held that the basis evidence underlying an expert’s opinion may be introduced in a criminal trial without violating the Confrontation Clause. The Court also created a new primary purpose test for determining the testimonial nature of statements. Hearsay statements must now be both formalized statements made with the purpose of providing evidence against the accused as well as being made against a targeted individual. The ruling has the potential to impact the way in which testimonial hearsay statements are analyzed by court, and it could open the door for …
