Reverberations Of The Victim's "Voice": Victim Impact Statements And The Cultural Project Of Punishment,
2012
Georgetown University
Reverberations Of The Victim's "Voice": Victim Impact Statements And The Cultural Project Of Punishment, Erin L. Sheley
Indiana Law Journal
No abstract provided.
Taking The Stand: Access To Justice For Witnesses With Mental Disabilities In Sexual Assault Cases,
2012
Osgoode Hall Law School of York University
Taking The Stand: Access To Justice For Witnesses With Mental Disabilities In Sexual Assault Cases, Janine Benedet, Isabel Grant
Osgoode Hall Law Journal
In this article the authors argue that the existing adversarial trial process often prevents the stories of sexual assault complainants with mental disabilities from being heard in court. Relying on social science evidence, the authors argue that subjecting a woman with a mental disability to a rigorous cross-examination with repeated and leading questions, in a manner that is confrontational and often accusatory, is probably the worst way to get her story heard accurately in court. It is likely to unfairly undermine her credibility and to result in unjustified acquittals or in prosecutors deciding not to pursue a case. The article …
Revisiting "Special Needs" Theory Via Airport Searches,
2012
Benjamin N. Cardozo School of Law
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Articles
Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …
Batson's Grand Jury Dna,
2012
American University Washington College of Law
Batson's Grand Jury Dna, Roger Fairfax
Scholarly Articles in Law Reviews & Journals
Batson v. Kentucky was a landmark decision imposing constitutional restrictions on peremptory challenges in the petit jury selection process. Batson was a culmination of a long line of cases addressing racial discrimination in jury selection. However, the role of anti-discrimination doctrine in grand jury selection is often overlooked when the story of Batson is considered. Many of the key equal protection cases underpinning the Batson decision were grand jury cases. Furthermore, the evidentiary framework applied to challenges to race-based peremptory strikes in Batson was forged in a century's worth of grand jury discrimination doctrine. This Essay, prepared for the "Batson …
Prea 101 For Juvenile Justice Agencies,
2012
American University Washington College of Law
Prea 101 For Juvenile Justice Agencies, Brenda V. Smith
Presentations
No abstract provided.
When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings,
2012
University of Maryland Francis King Carey School of Law
When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings, Douglas L. Colbert
Faculty Scholarship
This article suggests that the absence of representation at the beginning of a State criminal prosecution must come to a screeching halt. The criminal defense bar should take a leadership role and dedicate Gideon's anniversary to making certain that an accused's right to the effective assistance of counsel begins at the initial bail hearing. Indeed, guaranteeing vigorous representation should be the defense bar's number one priority.
Editor's Observations: It's Alive! The Federal Booker-Fix Debate Sirs,
2012
University of Missouri, Columbia
Editor's Observations: It's Alive! The Federal Booker-Fix Debate Sirs, Frank O. Bowman Iii
Faculty Publications
Seven years have passed since Justice Ginsburg do-si-doed from the merits majority to the remedial majority in Booker and transformed the Federal Sentencing Guidelines into an advisory system.' And despite the logical absurdity of the Scalian Sixth Amendment doctrine that produced this outcome,' and despite the expectation of folks like me that this marriage of fish and fowl could not long survive, it survives. What is more, a great many people whose opinion matters now claim to love it-or at least to like it well enough to want to keep it for the foreseeable future. Thus, the outburst of legislative …
Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth
Amendment,
2012
Washington and Lee University School of Law
Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth Amendment, Laura I. Appleman
Washington and Lee Law Review
In a criminal system that tips heavily to the side of wealth and power, we routinely detain the accused in often horrifying conditions, confined in jails while still maintaining the presumption of innocence. Here, in the rotting jail cells of impoverished defendants, lies the Shadowlands of Justice, where the lack of criminal procedure has produced a darkness unrelieved by much scrutiny or concern on the part of the law. This Article contends that our current system of pretrial detention lies in shambles, routinely incarcerating the accused in horrifying conditions often far worse than those of convicted offenders in prisons. Due …
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
Nevada Law Journal
The controversies spawned by the Supreme Court’s decision in Terry v. Ohio are just about as expansive as the decision’s implications for the development of Fourth Amendment doctrine. And it was recently observed that it is perhaps the most criticized Fourth Amendment decision since the modern Supreme Court belatedly incorporated the amendment, and eventually the exclusionary rule.3 Fortunately, there is neither time nor space to address and fully resolve all of these controversies, or even to determine whether the case was just wrongly decided; the somewhat narrower thesis of this Article is that the long-term impact of Terry on the …
Plaintiff Anonymity During Civil Litigation Of Childhood Sexual Abuse Cases,
2012
Benjamin N. Cardozo School of Law
Plaintiff Anonymity During Civil Litigation Of Childhood Sexual Abuse Cases, Amit Shertzer
Cardozo Law Review
No abstract provided.
Administrative Justice: Using Agency Declaratory Orders In The Fight To Staunch The Financing Of Terrorism,
2012
Benjamin N. Cardozo School of Law
Administrative Justice: Using Agency Declaratory Orders In The Fight To Staunch The Financing Of Terrorism, J. David Pollock
Cardozo Law Review
No abstract provided.
Summary Of Whitehead V. State, 128 Nev. Adv. Op. No. 24,
2012
Nevada Law Journal
Summary Of Whitehead V. State, 128 Nev. Adv. Op. No. 24, Eric Carson
Nevada Supreme Court Summaries
The Court grants an en banc reconsideration of an appeal from an order dismissing a post-conviction petition for writ of habeas corpus.
Apprendi V. New Jersey, The Scaling Back Of The Sentencing Factor Revolution And The Resurrection Of Criminal Defendant Rights, How Far Is Too Far?,
2012
Pepperdine University
Apprendi V. New Jersey, The Scaling Back Of The Sentencing Factor Revolution And The Resurrection Of Criminal Defendant Rights, How Far Is Too Far?, Analisa Swan
Pepperdine Law Review
No abstract provided.
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials,
2012
Pepperdine University
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials, Craig Lee Montz
Pepperdine Law Review
No abstract provided.
Municipal Liability? Not So Fast: What Connick V. Thompson Means For Future Prosecutorial Misconduct,
2012
Mercer University School of Law
Municipal Liability? Not So Fast: What Connick V. Thompson Means For Future Prosecutorial Misconduct, T. Owen Farist
Mercer Law Review
In Connick v. Thompson, the United States Supreme Court held that, under section 1983 of title 42 of the United States Code, the Orleans Parish District Attorney's actions failed to rise to the level of deliberate indifference required for municipal liability. The Court affirmed the possibility of "single-incident" municipal liability hypothesized in City of Canton v. Harris as an exception to the ordinary requirement of a pattern of similar violations necessary to prove the stringent standard of deliberate indifference to a known or obvious consequence. Despite upholding the validity of the exception, the Court found that Thompson's case did …
United States V. Ruiz-Gaxiola: When Criminal Defendants Say No To Drugs,
2012
Brigham Young University Law School
United States V. Ruiz-Gaxiola: When Criminal Defendants Say No To Drugs, Adam Dayton
BYU Law Review
No abstract provided.
Empty Promises: Miranda Warnings In Noncustodial Interrogations,
2012
University of Michigan Law School
Empty Promises: Miranda Warnings In Noncustodial Interrogations, Aurora Maoz
Michigan Law Review
You have the right to remain silent; anything you say can be used against you in a court of law. You have the right to an attorney; if you cannot afford an attorney, one will be provided to you at the state's expense. In 2010, the Supreme Court declined an opportunity to resolve the question of what courts should do when officers administer Miranda warnings in a situation where a suspect is not already in custody-in other words, when officers are not constitutionally required to give or honor these warnings. While most courts have found a superfluous warning to be …
The Criminal Rules Enabling Act,
2012
University of New Mexico School of Law
The Criminal Rules Enabling Act, Max Mizner
University of Richmond Law Review
No abstract provided.
Summary Of State V. Huebler, 128 Nev. Adv. Op. No. 19,
2012
Nevada Law Journal
Summary Of State V. Huebler, 128 Nev. Adv. Op. No. 19, Richard A. Andrews
Nevada Supreme Court Summaries
The Court considered an appeal from the district court’s grant of relief of an untimely petition for a writ of habeas corpus from a conviction based on a guilty plea.
Legal Representation In The Chinese Criminal Court,
2012
University of Nevada, Las Vegas
Legal Representation In The Chinese Criminal Court, Yudu Li, Hong Lu
Graduate Research Symposium (2010 - 2017)
Abstract: Legal representation plays an important role in criminal sentencing decisions. China has recently stipulated a mandatory legal representation clause for all offenders facing capital charges in its Criminal Procedural Law (1996). This study uses data generated from criminal court case documents involving three serious violent crimes: murder, intentional assault, and robbery. All these crimes carry a maximum of sentence of death. The study examines whether and under what conditions legal representation has an effect on criminal sentencing decisions in China. While the overall multi-regression model did not find that having a legal representation significantly reduces the criminal sentence, a …
