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Now showing items 11-20 of 34
Plea Bargains that Waive Claims of Ineffective Assistance - Waiving Padilla and Fry
(Duquesne Law Review, 2013)
This essay addresses the growing use and enforcement of terms in plea agreements by which a defendant waives his right to attack his plea agreement on the basis of constitutionally deficient representation during negotiations ...
Reasonableness Review After Booker
(Houston Law Review, 2006)
About a year ago, the Supreme Court in United States v. Booker declared a new standard for the appellate review of federal sentences-reasonableness. Justice Breyer, writing for the Court, asserted reassuringly that the ...
Once a Criminal? Regulating the Use of Prior Convictions in Sentencing
(Marquette Lawyer Magazine, 2014)
On November 18, 2013, Nancy J. King, the Lee S. and Charles A. Speir Professor at Vanderbilt Law School, delivered Marquette Law School’s annual George and
Margaret Barrock Lecture in Criminal Law. This is an abridgment ...
Essential Elements
(Vanderbilt Law Review, 2001)
The Court has struggled for well over a century with the issue of who has final authority to define what is a "crime" for purposes of applying procedural protections guaranteed by the Constitution in criminal cases. Just ...
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 ...
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 ...
Enforcing Effective Assistance After Martinez
(Yale Law Journal, 2013)
This Essay argues that the Court’s effort to expand habeas review of ineffective assistance of counsel claims in Martinez v. Ryan will make little difference in either the enforcement of the right to the effective assistance ...
Sentencing and Prior Convictions: The Past, the Future, and the End of the Prior-Conviction Exception to Apprendi
(Marquette Law Review, 2014)
This article traces the fascinating history of early efforts to identify defendants and their prior convictions as well as the evolving use of prior convictions in aggravating punishment; examines how contemporary repeat ...
"Apprendi" and Plea Bargaining
(Stanford Law Review, 2001)
Before "Apprendi", prosecutors using recidivism as a club could, and did, regularly insist that defendants admit aggravating facts as part of the plea or face additional time. When the prosecutor's threats of added time ...
Felony Jury Sentencing in Practice: A Three-State Study
(Vanderbilt Law Review, 2004)
Jury sentencing in non-capital cases is one of the least understood procedures in contemporary American criminal justice. This Article looks beyond idealized visions of jury sentencing to examine for the first time how ...