Group Agency And Legal Proof; Or, Why The Jury Is An “It”,
2015
William & Mary Law School
Group Agency And Legal Proof; Or, Why The Jury Is An “It”, Michael S. Pardo
William & Mary Law Review
Jurors decide whether certain facts have been proven according to the applicable legal standards. What is the relationship between the jury, as a collective decision-making body, on one hand, and the views of individual jurors, on the other? Is the jury merely the sum total of the individual views of its members? Or do juries possess properties and characteristics of agency (for example, beliefs, knowledge, preferences, intentions, plans, and actions) that are in some sense distinct from those of its members? This Article explores these questions and defends a conception of the jury as a group agent with agency that …
Prosecuting Generals For War Crimes: The Shifting Sands Of Accomplice Liability In International Criminal Law,
2015
Barry University, Dwayne O. Andreas School of Law
Prosecuting Generals For War Crimes: The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark A. Summers
Cardozo Journal of International and Comparative Law
The article examines the evolving concept of "specific direction" in accomplice liability for war crimes under international law, highlighting the conflicting approaches of the ICTY and ICC. It advocates for the ICC to adopt a clear, intent-based standard to ensure accountability and consistency, avoiding the ambiguities of "specific direction."
Should The American Grand Jury Survive Ferguson,
2015
American University Washington College of Law
Should The American Grand Jury Survive Ferguson, Roger Fairfax
Scholarly Articles in Law Reviews & Journals
The grand jurors deliberated in secret, as the masses demanded the indictment of the would-be defendants. Ultimately, the grand jury would refuse to indict, enraging the many who believed justice had been denied
Symposium: Sounding The Alarm On Mass Incarceration: Moving Beyond The Problem And Toward Solutions,
2015
Roger Williams University
Symposium: Sounding The Alarm On Mass Incarceration: Moving Beyond The Problem And Toward Solutions, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
A Tale Of Three Prejudices: Restructuring The "Martinez Gateway",
2015
University of Washington School of Law
A Tale Of Three Prejudices: Restructuring The "Martinez Gateway", Michael Ellis
Washington Law Review
Martinez v. Ryan opened a door previously closed to federal habeas petitioners. In the past, where attorney negligence or a pro se defendant’s lack of legal knowledge caused ineffective-assistance-of-trial-counsel claims to be procedurally defaulted, those claims were likely lost forever. Now, following Martinez, petitioners get a second chance should they satisfy the Supreme Court’s four-pronged test. The Martinez test, however, is not a simple one. This Comment addresses some problems concerning the four-pronged test, including multiple and conflicting standards for the same element, tensions between Martinez and the underlying Strickland v. Washington ineffective-assistance-of-counsel standard, and confusion where the same …
What's Law Got To Do With It? Plea Bargaining Reform After Lafler And Frye,
2015
Texas A&M University School of Law
What's Law Got To Do With It? Plea Bargaining Reform After Lafler And Frye, Cynthia Alkon
Faculty Scholarship
This symposium article responds to the question, what's left of the law in the wake of ADR? The article addresses this question in the context of the criminal justice system in the United States. As with civil cases, few criminal cases go to trial. Negotiated agreements through plea bargaining have been the predominate form of case resolution since at least the mid-twentieth century. Plea bargaining, as with other forms of alternative dispute resolution, is an informal process that operates largely outside the formal legal system. Plea bargains are rarely negotiated on the record in open court. Instead, they are usually …
A Survey Of The History Of The Death Penalty In The United States,
2015
University of Richmond School of Law
A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth
University of Richmond Law Review
No abstract provided.
Lethal Injections: States Medicalize Execution,
2015
Emory School of Medicine & Emory University Hospital
Lethal Injections: States Medicalize Execution, Joel B. Zivot
University of Richmond Law Review
No abstract provided.
The Executioner's Dilemmas,
2015
University of Nebraska College of Law
The Executioner's Dilemmas, Eric Berger
University of Richmond Law Review
No abstract provided.
Interrogation Policies,
2015
University of Virginia School of Law
Interrogation Policies, Brandon L. Garrett
University of Richmond Law Review
No abstract provided.
Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial,
2015
Director of Institute for Actual Innocence
Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate
University of Richmond Law Review
No abstract provided.
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility,
2015
University of Richmond School of Law
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid
University of Richmond Law Review
No abstract provided.
Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power,
2015
Washington and Lee University School of Law
Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The
Admissibility Of Trueallele: A
Computerized Dna Interpretation
System,
2015
Washington and Lee University School of Law
The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss
Washington and Lee Law Review
No abstract provided.
Experimental Execution,
2015
University of Washington School of Law
Experimental Execution, Seema K. Shah
Washington Law Review
On July 23, 2014, an execution in Arizona lasted nearly two hours, with the inmate struggling to breathe and gasping over 600 times, according to a local reporter witnessing the execution. This was the third example of a botched execution in seven months. The Supreme Court last evaluated the constitutionality of execution by lethal injection in 2008, but did not provide a clear standard for evaluating risks. Since that time, the lethal injection landscape has transformed. States are using entirely new drugs and drug combinations, and sometimes obtain these drugs from questionable sources, making it hard to predict what will …
Should The Medium Affect The Message? Legal And Ethical Implications Of Prosecutors Reading Inmate-Attorney Email,
2015
Fordham University School of Law
Should The Medium Affect The Message? Legal And Ethical Implications Of Prosecutors Reading Inmate-Attorney Email, Brandon P. Ruben
Fordham Law Review
The attorney-client privilege protects confidential legal communications between a party and her attorney from being used against her, thus encouraging full and frank attorney-client communication. It is a venerable evidentiary principle of American jurisprudence. Unsurprisingly, prosecutors may not eavesdrop on inmate-attorney visits or phone calls or read inmate-attorney postal mail. Courts are currently divided, however, as to whether or not they can forbid prosecutors from reading inmate- attorney email.
This Note explores the cases that address whether federal prosecutors may read inmates’ legal email. As courts have unanimously held, because inmates know that the Bureau of Prisons (BOP) monitors all …
The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty,
2015
Southern Center for Human Rights
The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright
University of Richmond Law Review
No abstract provided.
The Politics Of Botched Executions,
2015
University of Richmond School of Law
The Politics Of Botched Executions, Corinna Barrett Lain
University of Richmond Law Review
No abstract provided.
Has The "Machinery Of Death" Become A Clunker?,
2015
University of Notre Dame
Has The "Machinery Of Death" Become A Clunker?, Stephen F. Smith
University of Richmond Law Review
No abstract provided.
Witnessing Executions,
2015
Richmond-Times Dispatch
Witnessing Executions, Frank Green
University of Richmond Law Review
No abstract provided.
