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Now showing items 1-10 of 11
Portioning Punishment: Constitutional Limits on Successive and Excessive Penalties
(University of Pennsylvania Law Review, 1995)
There has been a remarkable increase during the last decade in the imposition of overlapping civil, administrative, and criminal sanctions for the same misconduct,' as well as a steady rise in the severity of those sanctions.2 ...
Silencing Nullification Advocacy Inside the Jury Room and Outside the Courtroom
(University of Chicago Law Review, 1998)
Jurors in criminal cases occasionally "nullify" the law by acquitting defendants who they believe are guilty according to the instructions given to them in court. American juries have exercised this unreviewable nullification ...
Postconviction Review of Jury Discrimination: Measuring the Effects of Juror Race on Jury Decisions
(Michigan Law Review, 1993)
As the Court has expanded its definition of jury selection techniques that violate constitutional standards, it has narrowed the circumstances that entitle defendants to postconviction relief. These two developments are ...
"Batson" for the Bench? Regulating the Peremptory Challenge of Judges
(Chicago-Kent Law Review, 1998)
The choice of whether to adopt or preserve judicial peremptories should not turn on the resolution of one issue. The risk that such challenges will be used to discriminate between judges on the basis of race must be ...
The American Criminal Jury
(Law and Contemporary Problems, 1999)
As juries become both less common and more expensive, some have questioned the wisdom of preserving the criminal jury in its present form. The benefits of the jury are difficult to quantify, but jury verdicts continue to ...
Priceless Process: NonNegotiable Features of Criminal Litigation
(UCLA Law Review, 1999)
In this Article, Professor Nancy King develops an approach for determining when judges should block the efforts of criminal litigants to bypass constitutional and statutory requirements other than those already traded ...
Nameless Justice: The Case for the Routine Use of Anonymous Juries in Criminal Trials
(Vanderbilt Law Review, 1996)
We ask a lot of our jurors. The financial and emotional burdens of jury duty can be significant even in mundane cases. Deciding another's fate is often a trying ordeal, aggravated by unintelligible instructions, hostile ...
Stratified Juror Selection: Cross-Section by Design
(Judicature, 1996)
Of the various selection methods that contribute to the underrepresentation of members of racial and ethnic minority groups on juries, peremptory challenges have attracted the most attention in recent years. Yet gains in ...
Racial Jurymandering: Cancer or Cure? A Contemporary Review of Affirmative Action in Jury Selection
(New York University Law Review, 1993)
Racial and ethnic minorities continue to be substantially underrepresented on criminal
juries. At all stages of jury selection-venue choice, source list development, qualified
list development, and jury panel and foreperson ...
The Effects of Race-Conscious Jury Selection on Public Confidence in the Fairness of Jury Proceedings: An Empirical Puzzle
(American Criminal Law Review, 1994)
In "Powers v. Ohio," the Court held that a peremptory challenge based on race violates the equal protection right of the challenged veniremember not to have her opportunities for jury service determined by her skin color. ...