State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies,
2010
University of Washington School of Law
State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain
Washington Law Review
In June 2009, the Washington State Court of Appeals, Division II, reversed Kristina Grier’s second-degree murder conviction in State v. Grier. The court concluded that Grier had received ineffective assistance of counsel because her attorney failed to request jury instructions for any lesser-included offenses, choosing instead to pursue an all-or-nothing defense strategy. That same month, Division I issued a contrary opinion, finding the pursuit of an all-or-nothing strategy reasonable. The Washington State Supreme Court has granted certiorari and will soon hear oral arguments in Grier. This Comment reviews federal and state courts’ approaches to questions of ineffective assistance of …
The Racial Geography Of The Federal Death Penalty,
2010
University of Washington School of Law
The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith
Washington Law Review
Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the …
State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies,
2010
University of Washington School of Law
State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain
Washington Law Review
In June 2009, the Washington State Court of Appeals, Division II, reversed Kristina Grier’s second-degree murder conviction in State v. Grier. The court concluded that Grier had received ineffective assistance of counsel because her attorney failed to request jury instructions for any lesser-included offenses, choosing instead to pursue an all-or-nothing defense strategy. That same month, Division I issued a contrary opinion, finding the pursuit of an all-or-nothing strategy reasonable. The Washington State Supreme Court has granted certiorari and will soon hear oral arguments in Grier. This Comment reviews federal and state courts’ approaches to questions of ineffective assistance of …
The Racial Geography Of The Federal Death Penalty,
2010
University of Washington School of Law
The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith
Washington Law Review
Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the …
The Racial Geography Of The Federal Death Penalty,
2010
University of Washington School of Law
The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith
Washington Law Review
Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the …
The "Green" Effect On White Collar Sentencing: An Analysis Of The Impact Of The Economy On Imprisonment Lengths Of Sentences For Federal White Collar Defendants,
2010
Mercer University School of Law
The "Green" Effect On White Collar Sentencing: An Analysis Of The Impact Of The Economy On Imprisonment Lengths Of Sentences For Federal White Collar Defendants, Jessica P. Morgan
Mercer Law Review
On June 29, 2009, Bernard L. Madoff was sentenced to 150 years in prison for his creation and perpetration of an unprecedented, worldwide "Ponzi" scheme, which caused an ultimate loss to thousands of investors totaling upwards of $65 billion. Although Madoff's Ponzi scheme caused more investor losses than any one similar scheme in American history, many were shocked by the severity of Madoff's sentence. As a man in his seventies, a sentence of 150 years incarceration is well beyond a life sentence and serves as a symbol to deter those who would engage in similar conduct in the future. ... …
Gideon'S Ghost: Providing The Sixth Amendment Right To Counsel In Times Of Budgetary Crisis,
2010
Nova Southeastern University - Shepard Broad Law Center
Gideon'S Ghost: Providing The Sixth Amendment Right To Counsel In Times Of Budgetary Crisis, Heather P. Baxter
Faculty Scholarship
This Article discusses how the budget crisis, caused by the recent economic downturn, has created a constitutional crisis with regard to the Sixth Amendment Right to Counsel. The landmark case of Gideon v. Wainwright required states, under the Sixth Amendment, to provide free counsel to indigent criminal defendants. However, as a result of the current financial crisis, many of those who represent the indigent have found their funding cut dramatically. Consequently, Gideon survives, if at all, only as a ghostly shadow prowling the halls of criminal justice throughout the country.
This Article analyzes specific budget cuts from various states and …
Forward: Symposium On Broke And Broken: Can We Fix Our State Indigent Defense System?,
2010
University of Missouri School of Law
Forward: Symposium On Broke And Broken: Can We Fix Our State Indigent Defense System?, Rodney J. Uphoff
Faculty Publications
The Symposium presenters and commentators, most of whom had worked at some point in their career as a public defender, brought a wealth of experience to the discussion. While the presentations and comments made that day, together with the articles that follow in this Symposium issue, do not provide any quick fix or easy solution, they do offer some important lessons for lawmakers to consider as states struggle to improve the plight of indigent defenders and their clients.
Criminal Law - Evidence Of Inactive Drug Metabolites In Dui Cases: Using A Proximate Cause Analysis To Fill The Evidentiary Gap Between Prior Drug Use And Driving Under The Influence,
2010
University of Arkansas Little Rock
Criminal Law - Evidence Of Inactive Drug Metabolites In Dui Cases: Using A Proximate Cause Analysis To Fill The Evidentiary Gap Between Prior Drug Use And Driving Under The Influence, Matthew C. Rappold
University of Arkansas at Little Rock Law Review
No abstract provided.
International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda,
2010
University of Arkansas Little Rock
International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal
University of Arkansas at Little Rock Law Review
No abstract provided.
Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms,
2010
Cornell Law School
Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Summary Of Ramirez V. State, 126 Nev. Adv. Op. No. 22,
2010
Nevada Law Journal
Summary Of Ramirez V. State, 126 Nev. Adv. Op. No. 22, Anthony R. Sassi
Nevada Supreme Court Summaries
This is an appeal from a judgment of conviction in the Second Judicial District Court, pursuant to a jury verdict of second-degree felony murder by means of child abuse, neglect, or endangerment.
Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57,
2010
Nevada Law Journal
Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni
Nevada Supreme Court Summaries
No abstract provided.
Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence,
2010
Benjamin N. Cardozo School of Law
Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory
Cardozo Law Review
No abstract provided.
Organizational Guidelines For The Prosecutor's Office,
2010
NYU School of Law
Organizational Guidelines For The Prosecutor's Office, Rachel E. Barkow
Cardozo Law Review
No abstract provided.
Emotionally Charged: The Prosecutorial Charging Decision And The Innocence Revolution,
2010
S.J. Quinney College of Law, University of Utah
Emotionally Charged: The Prosecutorial Charging Decision And The Innocence Revolution, Daniel S. Medwed
Cardozo Law Review
No abstract provided.
New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices,
2010
Yeshiva University, Cardozo School of Law
New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices
Cardozo Law Review
No abstract provided.
Resurrecting Autonomy: The Criminal Defendant's Right To Control The Case,
2010
University of Georgia
Resurrecting Autonomy: The Criminal Defendant's Right To Control The Case, Erica J. Hashimoto
Scholarly Works
In Faretta v. California, the Supreme Court exalted the value of autonomy – the criminal defendant’s interest in presenting and controlling the defense. Over the course of the past thirty-five years, however, the Court’s enthusiasm has dissipated, and commentators have criticized courts that have given defendants any measure of control over their cases. As a result, lower courts increasingly have shifted control from defendants to their lawyers. In light of that retrenchment, this Article reevaluates the autonomy interest on its merits. This reexamination confirms that Faretta got it right, and the Supreme Court should revitalize the constitutional interest of criminal …
Talking About Prosecutors,
2010
Hofstra Law School
Can An Ethical Person Be An Ethical Prosecutor? A Social Cognitive Approach To Systemic Reform,
2010
The George Washington University Law School
Can An Ethical Person Be An Ethical Prosecutor? A Social Cognitive Approach To Systemic Reform, Lawton P. Cummings
Cardozo Law Review
No abstract provided.
