Waiving Good-Bye To Inconsistency: Factual Basis Challenges To Guilty Pleas In Federal Courts,
2010
University of Georgia School of Law
Waiving Good-Bye To Inconsistency: Factual Basis Challenges To Guilty Pleas In Federal Courts, William T. Stone Jr
Georgia Law Review
Rule 11(b)(3) of the Federal Rules of CriminalProcedure
requires courts to determine that criminal defendants'
guilty pleas have a factual basis. Once a district court
accepts a guilty plea, appellate courts diverge in their
willingness to review challenges to the sufficiency of the
plea's factual basis. Some federal circuits hold that a
factual basis challenge is waived by the guilty plea. Other
jurisdictions will review a defendant's factual basis
challenge on appeal. Despite the lack of clarity on this
point, the Supreme Court has not yet provided guidance
and the federal circuit courts have not offered a great deal
of …
Prosecution Of Genocide V. The Fair Trial Principle: Comments On Brown And Others V. The Government Of Rwanda And The Uk Secretary Of State For The Home Department,
2010
Washington and Lee University School of Law
Prosecution Of Genocide V. The Fair Trial Principle: Comments On Brown And Others V. The Government Of Rwanda And The Uk Secretary Of State For The Home Department, Mark A. Drumbl
Scholarly Articles
The article examines the 2009 decision of the United Kingdom High Court of Justice to deny the extradition of four genocide suspects to Rwanda owing to fair trial and partiality concerns with the Rwandan judiciary. It begins by reviewing the relevant UK extradition legislation, the pertinent facts and the rationale for the judgment and proceeds to situate this decision within the broader transnational judicial scepticism about the extradition or transfer of genocide suspects to Rwanda. While this scepticism arises from valid concerns regarding the contemporary state of human rights in Rwanda, it nevertheless contributes to the perpetuation of impunity surrounding …
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform,
2010
University of Richmond School of Law
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
University of Richmond Law Review
No abstract provided.
Flouting Faretta: The Supreme Court’S Failure To Adopt A Coherent Communication Standard Of Competency And The Threat To Self-Representation After Indiana V. Edwards,
2010
University of Oklahoma College of Law
Flouting Faretta: The Supreme Court’S Failure To Adopt A Coherent Communication Standard Of Competency And The Threat To Self-Representation After Indiana V. Edwards, Conor P. Cleary
Oklahoma Law Review
No abstract provided.
Untangling Double Jeopardy In Mixed-Verdict Cases,
2010
Elisabeth Haub School of Law at Pace University
Untangling Double Jeopardy In Mixed-Verdict Cases, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This Article attempts to describe and untangle the confusion leading up to and resulting from the Yeager decision. Part II examines the four distinct double jeopardy areas presented in Yeager, with particular emphasis on the two conflicting precedents of collateral estoppel and the non-finality of a hung jury. Part III closely examines the Yeager decision itself. Part IV analyzes Yeager in light of its tangled doctrinal history and places it in the context of the Court's several other short-lived and rapidly reversed precedents. The Article concludes that the Court's holding in Yeager is neither justified by its precedent nor adequately …
The Police-Prosecutor Relationship And The No-Contact Rule: Conflicting Incentives After Montejo V. Louisiana And Maryland V. Shatzer,
2010
Southwestern Law School
The Police-Prosecutor Relationship And The No-Contact Rule: Conflicting Incentives After Montejo V. Louisiana And Maryland V. Shatzer, Caleb Mason
Cleveland State Law Review
In this paper, I examine the consequences of the divergence of ethical and constitutional rules, with particular attention to the institutional dynamics of criminal investigation and specifically the relationship between police and prosecutors. This relationship is of crucial importance because Montejo and Shatzer create a legal regime in which non-lawyer agents and officers may initiate investigative contact with represented defendants in circumstances in which prosecutors are absolutely forbidden to do so. This situation undermines the ability of prosecutors to effectively supervise the investigation of their cases and puts them in an untenable position when advising agents on the law.
The Majestic And The Mundane: The Two Creation Stories Of The Exclusionary Rule,
2010
University of Miami School of Law
The Majestic And The Mundane: The Two Creation Stories Of The Exclusionary Rule, Scott E. Sundby, Lucy B. Ricca
Articles
No abstract provided.
Right Problem; Wrong Solution,
2010
Indiana University Maurer School of Law
Right Problem; Wrong Solution, Joseph L. Hoffmann, Nancy J. King
Articles by Maurer Faculty
No abstract provided.
The Geography Of Criminal Law,
2010
Drexel University Earle Mack School of Law
The Geography Of Criminal Law, Adam Benforado
Cardozo Law Review
When Westerners explain the causes of actions or outcomes in the criminal law context, they demonstrate a strong tendency to overestimate the importance of dispositional factors, like thinking, preferring, and willing, and underestimate the impact of interior and exterior situational factors, including environmental, historical, and social forces, as well as affective states, knowledge structures, motives, and other unseen aspects of our cognitive frameworks and processes. One of the situational factors that we are particularly likely to overlook is physical space - that is, landscapes, places, natures, boundaries, and spatialities. Our shortsightedness comes at a great cost. Spatial concerns shape legal …
Using Protection Of Privacy Legislation To Erode Privacy: R. V. Chehil,
2010
Dalhousie University Schulich School of Law
Using Protection Of Privacy Legislation To Erode Privacy: R. V. Chehil, Steve Coughlan
Articles, Book Chapters, & Popular Press
The Nova Scotia Court of Appeal here in R. v. Chehil overturns the trial judge's conclusion that the accused had a reasonable expectation of privacy in the information the police obtained from the computer manifest. With respect, their application of the totality of the circumstances test is subject to question at several important points. For example, in assessing the objective reasonableness of an expectation of privacy, the Court of Appeal relies on the fact that the Westjet website informs customers that "information will be disclosed to the authorities without your knowledge and consent as required by law." The court then …
Deferring Ineffectiveness Claims To Collateral Review: Ensuring Equal Access And A Right To Appointed Counsel,
2010
Penn State Dickinson School of Law
Deferring Ineffectiveness Claims To Collateral Review: Ensuring Equal Access And A Right To Appointed Counsel, Thomas M. Place
Faculty Scholarship
The article addresses a problem in criminal procedure that leaves an increasingly large number of defendants without a remedy to protect their right to effective assistance of counsel at trial and on direct appeal. The problem stems from the decision of states to move ineffectiveness claims from direct appeal to the post-conviction process and the fact that over half the states limit access to post-conviction remedies to defendants who are in custody. If the defendant’s prison sentence is completed during the period direct appeal is pending, or, in some jurisdictions, before the collateral review process is completed, the defendant is …
Veteran Police Officers And Three-Dollar Steaks: The Subjective/Objective Dimensions Of Probable Cause And Reasonable Suspicion,
2010
Penn State Law
Veteran Police Officers And Three-Dollar Steaks: The Subjective/Objective Dimensions Of Probable Cause And Reasonable Suspicion, Kit Kinports
Faculty Scholarship
This Article addresses two issues surrounding probable cause and reasonable suspicion that test the line between subjective and objective standards in Fourth Amendment jurisprudence: the extent to which a particular police officer’s training and experience ought to be considered in measuring probable cause and reasonable suspicion, and the relevance of the officer’s subjective beliefs about the presence of a weapon in assessing the reasonable suspicion required to justify a frisk. Although both questions have split the lower courts and remain unresolved by the Supreme Court, the majority of courts treat them inconsistently, recognizing the importance of an officer’s training, experience, …
Mapp V. Ohio Revisited: A Law Clerk's Diary,
2010
Emory University School of Law
Mapp V. Ohio Revisited: A Law Clerk's Diary, Polly J. Price
Faculty Articles
The 1960 Supreme Court Term laid the groundwork for the subsequent revolution in the relationship between state and federal law accomplished by the Supreme Court under Chief Justice Earl Warren. The "most famous search and seizure case in American history" - Mapp v. Ohio - would be decided that Term. Mapp held that the Fourth Amendment's protection against "unreasonable searches and seizures" required the exclusion of evidence found through an illegal search by state and local police officers, extending to the states a rule that had previously applied only to federal law enforcement. Mapp became a pivotal chapter in the …
Retribution And The Experience Of Punishment,
2010
Duke Law School
Retribution And The Experience Of Punishment, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur
Faculty Scholarship
No abstract provided.
Melendez-Diaz V. Massachusetts: The Future Of The Confrontation Clause,
2010
Barry University School of Law
Melendez-Diaz V. Massachusetts: The Future Of The Confrontation Clause, Joseph Henn
Barry Law Review
The purpose of this article is to show the error in the majorities’ decision in Melendez-Diaz by approaching the issue from two perspectives. First, by investigating the cases and legal doctrines created by the Supreme Court in the years preceding Melendez-Diaz, this article will demonstrate why the case was erroneously decided. Second, this article explores the possibility that the majority decision was correct and thus the recently devised standard in Crawford v. Washington is inherently flawed. This article will further discuss the prior application of law before the Melendez-Diaz decision, offer analysis on the string of cases that led …
Japan's New Lay Judge System: Deliberative Democracy In Action?,
2010
Associate, Foley & Lardner, LLP, Milwaukee, WI
Japan's New Lay Judge System: Deliberative Democracy In Action?, Zachary Corey, Valerie P. Hans
Cornell Law Faculty Publications
No abstract provided.
Drug Law Reform—Retreating From An Incarceration Addiction,
2010
University of Kentucky College of Law
Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson
Law Faculty Scholarly Articles
Now, thirty years into the "war on drugs," views about the law's reliance on punishment to fix the drug problem are less conciliatory and more absolute: "[t]he notion that 'the drug war is a failure' has become the common wisdom in academic ... circles." Those who have most closely studied the results of the "war" believe that it has "accomplished little more than incarcerating hundreds of thousands of individuals whose only crime was the possession of drugs." More importantly, they believe that it has had little if any effect on the drug problem: "Despite the fact that the number of …
The International Criminal Court: An Informal Overview,
2010
Loyola University Chicago
The International Criminal Court: An Informal Overview, Jerry E. Norton
Faculty Publications & Other Works
No abstract provided.
An Escape Route From The Medellin Maze,
2010
Mitchell Hamline School of Law
An Escape Route From The Medellin Maze, Anthony S. Winer
Faculty Scholarship
Many in the United States who follow international law have tracked the course of the Supreme Court's 2008 Medellin case' especially closely, both before and after the Court's issuance of the decision. The case concerned the Vienna Convention on Consular Relations (the "Vienna Convention, "Convention" or "VCCR"), which imposes certain obligations on the authorities of a State Party when they imprison a national of another State Party. Among these duties is the obligation to inform the foreign prisoner that the Convention affords the prisoner the right to communicate, while in prison, with consular officials from the prisoner's home country. Authorities …
Do Ugly Criminals Receive Harsher Sentences? An Analysis Of Lookism In The Criminal Justice System,
2010
Ursinus College
Do Ugly Criminals Receive Harsher Sentences? An Analysis Of Lookism In The Criminal Justice System, Kelly Beck
Business and Economics Honors Papers
For many years, researchers have attempted to find a link between beauty and labor market outcomes. Although many important findings have been noted in these studies, the beauty analysis utilized was a subjective measurement. This subjective method, while important, may have external factors creating bias in the rating itself. In this study, the impact of beauty is applied to criminals and their sentences. Using a computer based symmetry measurement tool, an objective beauty measurement will be utilized. This study will seek to uncover whether or not criminals who are less attractive, measured through facial symmetry, receive harsher prison sentences than …
