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12,076 full-text articles. Page 283 of 332.

Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas 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, Cara H. Drinan 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, Robert P. Mosteller 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, John D. King 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.


The Miranda Warning, Frederick Schauer 2013 University of Washington School of Law

The Miranda Warning, Frederick Schauer

Washington Law Review

Largely as a consequence of American television and movies, Miranda v. Arizona may well be the most famous appellate case in the world. On the screen, innumerable actors playing American police officers give Miranda warnings to other actors playing suspects, a portrayal that reflects the reality of genuine police officers giving genuine Miranda warnings to genuine suspects millions of times every year. Indeed, such has been the influence of Miranda that Russian television cops give something like a Miranda warning to suspects even though no actual Russian law imposes such an obligation on real Russian cops. And it is said …


Validating The Right To Counsel, Brandon L. Garrett 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, Abbe Smith 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.


Beyond Kent And Gault: Consensual Searches And Juveniles, Larry T. Pleiss 2013 Pepperdine University

Beyond Kent And Gault: Consensual Searches And Juveniles, Larry T. Pleiss

Pepperdine Law Review

No abstract provided.


Fare V. Michael C.: Juveniles And In Custodial Interrogations , Gregory S. Chudacoff 2013 Pepperdine University

Fare V. Michael C.: Juveniles And In Custodial Interrogations , Gregory S. Chudacoff

Pepperdine Law Review

In the principal case, Fare v. Michael C., the United States Supreme Court rejects the position of the Supreme Court of California that a juvenile's request for the presence of his probation officer constitutes an invocation of the juvenile's right to remain silent within the meaning of the Miranda decision. The author examines the rationale applied by each court enroute to this split of opinion, and suggests a middle ground which would accommodate the concerns of both courts with respect to the protection of an accused juvenile at the custodial interrogation stage.


Juvenile Discovery: A Developing Trend And A Word Of Caution, Diane Geraghty 2013 Pepperdine University

Juvenile Discovery: A Developing Trend And A Word Of Caution, Diane Geraghty

Pepperdine Law Review

The use of discovery is acknowledged as essential to the efficient administration of justice and to the fairness of the adversary system in both civil and criminal proceedings. However, the juvenile court system has been slow to implement various means of discovery, largely as a result of the doctrine of parens patriae and the unique nature of the juvenile process. Although a discernible trend indicates acceptance of pretrial discovery, there has been considerable experimentation at decisional and statutory levels to develop procedurally protective discovery mechanisms. Professor Geraghty traces the use of discovery in juvenile proceedings and devotes particular attention to …


Amending For Justice’S Sake: Codified Disclosure Rule Needed To Provide Guidance To Prosecutor’S Duty To Disclose, Nathan A. Frazier 2013 University of Florida Levin College of Law

Amending For Justice’S Sake: Codified Disclosure Rule Needed To Provide Guidance To Prosecutor’S Duty To Disclose, Nathan A. Frazier

Florida Law Review

This Note argues for the implementation of bright-line rules to guide prosecutorial discretion. It urges a solution that identifies the salient facts from the case law and enumerates those facts into a codified Strickler three-prong standard. A bright-line standard should exist requiring disclosure when any of the following scenarios are present: (1) Prior perjury or false testimony of a government witness; (2) Promises of immunity to a government witness; (3) Monetary rewards to key government witnesses; (4) Mental impairments of a government witness; (5) Information reflecting bias or prejudice of a government witness against defendant; (6) Confessions to the crime …


Mackey V. Montrym: Clarification On A Matter Of Timing , Alan J. Cohen 2013 Pepperdine University

Mackey V. Montrym: Clarification On A Matter Of Timing , Alan J. Cohen

Pepperdine Law Review

No abstract provided.


Commonwealth Of Kentucky V. Whorton: The Erosion Of A Bastion Of The Law , Robert C. Graham III 2013 Pepperdine University

Commonwealth Of Kentucky V. Whorton: The Erosion Of A Bastion Of The Law , Robert C. Graham Iii

Pepperdine Law Review

No abstract provided.


The Government's Right To Appeal In Criminal Cases - A Procedural Question, Curtis L. Muncy 2013 Pepperdine University

The Government's Right To Appeal In Criminal Cases - A Procedural Question, Curtis L. Muncy

Pepperdine Law Review

No abstract provided.


California Adopts The Unproven Federal Minority View Of Entrapment , Steven D. Campen 2013 Pepperdine University

California Adopts The Unproven Federal Minority View Of Entrapment , Steven D. Campen

Pepperdine Law Review

No abstract provided.


Full Court Press: The Imperial Judiciary Vs. The Paranoid Press , Francis I. Dale, Mitchell W. Dale 2013 Pepperdine University

Full Court Press: The Imperial Judiciary Vs. The Paranoid Press , Francis I. Dale, Mitchell W. Dale

Pepperdine Law Review

No abstract provided.


United States V. Salvucci: The Problematic Absence Of Automatic Standing, William C. Bollard 2013 Pepperdine University

United States V. Salvucci: The Problematic Absence Of Automatic Standing, William C. Bollard

Pepperdine Law Review

The United States Supreme Court recently abolished the automatic standing rule in United States v. Salvucci. The author analyzes the difficulties created for the criminal defendant charged with a possessory crime. In particular, this note focuses on the inequitable position the defendant is placed in when his suppression hearing testimony is used as a tool to impeach subsequent testimony offered at trial. The author continues by pointing out that the "prosecutorial self-contradiction," sought to be abolished in Salvucci, remains a part of our present judicial system. In conclusion, the author offers several considerations that will necessarily be an integral part …


United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations, Kevin T. Kerr 2013 Pepperdine University

United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations, Kevin T. Kerr

Pepperdine Law Review

Despite the Burger Court's history of judicial conservatism, the Supreme Court in United States v. Henry exceeds the liberality of the Warren Court in the area of criminal defendant rights. The decision in Henry clearly provides further limitations upon the government's ability to conduct interrogations. The author examines the Court's factual and legal analysis of the case, emphasizes how the test established in Henry surpasses the rule promulgated in Massiah, and discusses the decision's impact as well as the curious turnabout of Chief Justice Burger.


Summary Of Blackburn V. State, 129 Nev. Adv. Op. 8, Victoria Mullins 2013 Nevada Law Journal

Summary Of Blackburn V. State, 129 Nev. Adv. Op. 8, Victoria Mullins

Nevada Supreme Court Summaries

An appeal addressing whether a psychological evaluation and risk assessment based on clinical judgment in addition to psychological tests comports with Nevada law, and whether the district court abused its discretion in accepting such an assessment when making a sentencing determination.


Summary Of Abdullah V. State, 129 Nev. Adv. Op. 7, Miriam C. Meyer 2013 Nevada Law Journal

Summary Of Abdullah V. State, 129 Nev. Adv. Op. 7, Miriam C. Meyer

Nevada Supreme Court Summaries

Appeal from a district court order denying a post-conviction petition for a writ of habeas corpus and addressing whether a district court clerk is authorized to prepare and file a notice of appeal on an appellant’s behalf.


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