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12,132 full-text articles. Page 315 of 335.

Mcdonald's Other Right, Samuel L. Wiseman 2011 Florida State University College of Law

Mcdonald's Other Right, Samuel L. Wiseman

Scholarly Publications

No abstract provided.


Summary Of Nevada Ex. Rel Bd. Of Parole Comm’Rs V. Morrow, 127 Nev. Adv. Op. No. 61, Danielle Woodrum 2011 Nevada Law Journal

Summary Of Nevada Ex. Rel Bd. Of Parole Comm’Rs V. Morrow, 127 Nev. Adv. Op. No. 61, Danielle Woodrum

Nevada Supreme Court Summaries

An appeal from a district court order clarifying a judgment granting a writ of mandamus, and a proper person appeal from a district court order granting a motion to dismiss


Summary Of Hobbs V. State, 127 Nev. Adv. Op. No. 18, Christopher Scott Connell 2011 Nevada Law Journal

Summary Of Hobbs V. State, 127 Nev. Adv. Op. No. 18, Christopher Scott Connell

Nevada Supreme Court Summaries

An appeal from a judgment of conviction, by way of jury verdict, for battery and injury to other property.


Summary Of Stockmeier V. State, Bd. Of Parole Comm’Rs, 127 Nev. Adv. Op. No. 19, Chelsey Bosworth 2011 Nevada Law Journal

Summary Of Stockmeier V. State, Bd. Of Parole Comm’Rs, 127 Nev. Adv. Op. No. 19, Chelsey Bosworth

Nevada Supreme Court Summaries

A proper person appeal and counsel cross-appeal to have factual statements in a presentence investigation report (PSI) corrected after a prisoner’s sentencing.


Life, Death, And Neuroimaging: The Advantages And Disadvantages Of The Defense's Use Of Neuroimages In Capital Cases -Lessons From The Front, John H. Blume, Emily C. Paavola 2011 Mercer University School of Law

Life, Death, And Neuroimaging: The Advantages And Disadvantages Of The Defense's Use Of Neuroimages In Capital Cases -Lessons From The Front, John H. Blume, Emily C. Paavola

Mercer Law Review

Over the past several decades, commentators and scholars from the medical, legal, and social science fields have produced a massive body of literature on the intersection of law and neuroimaging. Earlier writings focused on explaining various new techniques for developing brain images, exploring how such images might be relevant in legal proceedings, and addressing evidentiary issues posed by the use of such images in court. More recent publications correspond with a vast expansion of research and funding in the area of neuroscience and address a wide variety of topics, such as the use of neuroimaging to detect deception, predict recidivism …


Construing The Outer Limits Of Sentencing Authority: A Proposed Bright-Line Rule For Noncapital Proportionality Review, Kevin White 2011 Brigham Young University Law School

Construing The Outer Limits Of Sentencing Authority: A Proposed Bright-Line Rule For Noncapital Proportionality Review, Kevin White

BYU Law Review

No abstract provided.


Smith And Women's Equality, Leslie C. Griffin 2011 University of Houston Law Center

Smith And Women's Equality, Leslie C. Griffin

Cardozo Law Review

No abstract provided.


Employment Division V. Smith At The Supreme Court: The Justices, The Litigants, And The Doctrinal Discourse, Marci A. Hamilton 2011 Benjamin N. Cardozo School of Law

Employment Division V. Smith At The Supreme Court: The Justices, The Litigants, And The Doctrinal Discourse, Marci A. Hamilton

Cardozo Law Review

No abstract provided.


Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam 2011 Brigham Young University Law School

Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam

BYU Law Review

No abstract provided.


“Like Wolves In Sheep’S Clothing”: Combating Racial Bias In Washington State’S Criminal Justice System, Krista L. Nelson, Jacob J. Stender 2011 Seattle University School of Law

“Like Wolves In Sheep’S Clothing”: Combating Racial Bias In Washington State’S Criminal Justice System, Krista L. Nelson, Jacob J. Stender

Seattle University Law Review

Despite their differences, both the majority and concurring opinions in Monday present new ways to address prosecutorial misconduct, deter the injection of racial bias into courtroom proceedings, and create substantively similar outcomes. Part II of this Note discusses the traditional prosecutorial misconduct test in Washington State, as well as the rules articulated by the Monday majority and concurrence. Part III discusses the implications of both the majority and concurring opinions, the primary differences in their approaches to deterrence, the degree of racial bias they require to warrant reversal of a conviction, and the discretion they afford the judiciary. Part III …


The Impact Of Implicit Racial Bias On The Exercise Of Prosecutorial Discretion, Robert J. Smith, Justin D. Levinson 2011 Seattle University School of Law

The Impact Of Implicit Racial Bias On The Exercise Of Prosecutorial Discretion, Robert J. Smith, Justin D. Levinson

Seattle University Law Review

The Article is organized as follows: Part II provides an introduction to implicit bias research, orienting readers to the important aspects of implicit bias most relevant to prosecutorial discretion. Part III begins the examination of implicit bias in the daily decisions of prosecutors. The Part presents key prosecutorial discretion points and specifically connects each of them to implicit bias. Part IV recognizes that, despite compelling proof of implicit bias in a range of domains, there is no direct empirical proof of implicit bias in prosecutorial decision-making. It thus calls for an implicit bias research agenda designed to further examine how …


“If Justice Is Not Equal For All, It Is Not Justice”: Racial Bias, Prosecutorial Misconduct, And The Right To A Fair Trial In State V. Monday, Michael Callahan 2011 Seattle University School of Law

“If Justice Is Not Equal For All, It Is Not Justice”: Racial Bias, Prosecutorial Misconduct, And The Right To A Fair Trial In State V. Monday, Michael Callahan

Seattle University Law Review

This Note argues that of the three opinions from Monday, Washington state courts should follow Chief Justice Madsen’s concurring opinion. The Monday decision also raises three questions that none of the opinions adequately answer: who does Monday apply to, what conduct does Monday forbid, and what is the legal source of the rules from Monday? The court will have to answer these questions in the future to determine the scope of its new rules. Part II of this Note discusses how Washington courts previously addressed the issue of prosecutorial misconduct and appeals to racial bias in trials. Part …


Slavery Revisited In Penal Plantation Labor, Andrea C. Armstrong 2011 Seattle University School of Law

Slavery Revisited In Penal Plantation Labor, Andrea C. Armstrong

Seattle University Law Review

This Article argues that society must critically examine the types of labor we require our inmates to perform and prohibit the imposition of slavery, even when the enslaved is an inmate. Part II focuses on the text and history of Section 1 of the Thirteenth Amendment11 and argues that the Amendment’s exception allowing forced inmate labor is not as broad as it first appears. Part III examines the Eighth Amendment and how the imposition of slave status on inmates should be considered cruel and unusual punishment. Lastly, Part IV applies these concepts to the history and operation of one such …


Dead Wrong: Why Washington’S Deadly Weapon Criminal Sentencing Enhancement Needs “Enhancement”, James Harlan Corning 2011 Seattle University School of Law

Dead Wrong: Why Washington’S Deadly Weapon Criminal Sentencing Enhancement Needs “Enhancement”, James Harlan Corning

Seattle University Law Review

This Comment confronts the difficult question of how to reformulate the deadly weapon sentencing enhancement to better align it with the policy goals of deterring and punishing armed crime. Part II explores the constitutional and practical defects in each of the three formulations of the sentencing enhancement’s armed requirement by delving into the enhancement’s legislative history and the judicial struggle to interpret it. Part III analyzes the need for a more nuanced approach to the weapon enhancement by exploring key criticisms about the enhancement’s scope and application. Part IV argues that the Washington legislature must provide courts with more rigid …


Domestic Violence And The Budget Crisis: The Use Of A Risk Assessment Tool To Manage Cases In Prosecutors’ Offices, Carrie M. Hobbs 2011 Seattle University School of Law

Domestic Violence And The Budget Crisis: The Use Of A Risk Assessment Tool To Manage Cases In Prosecutors’ Offices, Carrie M. Hobbs

Seattle University Law Review

This Comment addresses the growing concern that the incompatible forces of shrinking budgets and increased caseloads are leading to ineffective domestic violence case management, particularly in prosecutors’ offices. With so many cases and so few resources, prosecutors need tools to discern which cases should have priority. Recognizing that risk assessment tools have many drawbacks, this Comment advocates for development of a risk assessment tool that can help prosecutors determine which cases to pursue and assist them in making other pretrial determinations. Part II of this Comment provides a background on domestic violence research and isolates the issues that arise in …


Proposal To Reverse The View Of A Confession: From Key Evidence Requiring Corroboration To Corroboration For Key Evidence, Boaz Sangero, Mordechai Halpert 2011 Academic Center of Law and Business

Proposal To Reverse The View Of A Confession: From Key Evidence Requiring Corroboration To Corroboration For Key Evidence, Boaz Sangero, Mordechai Halpert

University of Michigan Journal of Law Reform

Both case law and legal literature have recognized that all, and not just clearly statistical, evidence is probabilistic. Therefore, we have much to learn from the laws of probability with regard to the evaluation of evidence in a criminal trial. The present Article focuses on the confession. First, we review legal and psychological literature and show that the probability of a false confession and, consequently, a wrongful conviction, is far from insignificant. In light of this, we warn against the cognitive illusion, stemming from the fallacy of the transposed conditional, which is liable to mislead the trier of fact in …


Foreword – Communication And Investigation In 2011: Can Our Jury System Cope?, Brian Barker 2011 Chicago-Kent College of Law

Foreword – Communication And Investigation In 2011: Can Our Jury System Cope?, Brian Barker

Chicago-Kent Law Review

No abstract provided.


An Introduction To Comparative Jury Systems, Nancy S. Marder 2011 IIT Chicago-Kent College of Law

An Introduction To Comparative Jury Systems, Nancy S. Marder

Chicago-Kent Law Review

No abstract provided.


Should Criminal Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman 2011 Chicago-Kent College of Law

Should Criminal Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman

Chicago-Kent Law Review

This article uses the European Court of Human Rights judgment of Taxquet v. Belgium, decided by the Grand Chamber in 2010, which held that in some cases the trial jury's failure to give reasons for its verdict of guilt could constitute a violation of the right to a fair trial under Article 6 of the European Convention of Human Rights, as a springboard for discussing whether or not criminal trial juries in Europe and the United States should be more accountable for their verdicts. The article explains the special jury verdicts traditionally used in Europe and the new Spanish requirement …


The French Jury At A Crossroads, Valerie P. Hans, Claire M. Germain 2011 Chicago-Kent College of Law

The French Jury At A Crossroads, Valerie P. Hans, Claire M. Germain

Chicago-Kent Law Review

Since its inception, the French jury system has generated controversy and passionate argument. The jury originated at the time of the French Revolution as a potent symbol of democratic self-governance. Alternately praised and attacked by successive governments over two centuries, the jury became entrenched in the French justice system and in the French mind. Yet, in recent years, the French jury's future has become the subject of intense political debate. This article provides an overview of historical changes to the French jury system, describing how it was transformed from an independent body of lay citizens into a mixed decisionmaking body …


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