All Articles tagged Prosecution

• Justice Commentaries
  June 15, 2023 EDT
  THE CONSTITUTIONAL TORT OF SHIELDING CRIMINAL WRONGDOERS IN VIOLATION OF THE EQUAL PROTECTION OF THE LAWS
  John Crain

  This article suggests a new way to view the injury to the crime victim in a discriminatory decision not to prosecute, and a new way to redress that injury.

• Justice Commentaries
  May 11, 2021 EDT
  Criminal Jury Instructions: A Case Study
  Michael D. Cicchini

  This Article explores the importance of jury instructions and provides a legal strategy to modify the Wisconsin jury instructions, recently revealed to have been drafted by University of Wisconsin-Madison employees.

• General
  February 24, 2021 EDT
  FIXING APPEAL WAIVERS IN NEW YORK
  Jonathan Cantarero

  This article discusses the history of appeal waivers in NY and offers practical tips to promote their proper execution in criminal courts to protect defendants and reduce caseloads.

• Justice Commentaries
  September 27, 2020 EDT
  POSTCONVICTION INNOCENCE REVIEW IN THE AGE OF PROGRESSIVE PROSECUTION
  Elizabeth Webster

  This article contains semi-structured interviews with twenty prosecutors (nine working in conviction integrity units) who have proactively assisted with an exoneration.

• Justice Commentaries
  May 28, 2019 EDT
  WHEN A PLEA IS NO BARGAIN AT ALL: COMPARING SENTENCING OUTCOMES FOR MASSACHUSETTS DEFENDANTS IN NON-SEXUAL AND SEXUAL CRIMES
  Annabelle Frazier

  This study addresses gaps in research relating to sexual and violent crime prosecution by following up on Abrams’s conclusion that plea-bargaining does not result in sentence reductions for defendants.

• New York Appeals
  October 12, 2018 EDT
  THE HON. MICHAEL J. GARCIA: FROM PROSECUTOR TO THE COURT OF APPEALS
  Eric O’Bryan

  This article analyzes the opinions of Judge Garcia during his time on the New York Court of Appeals.

• State Constitutional Commentary
  November 11, 2011 EDT
  CHIEF JUSTICE JEAN HOEFER TOAL OF THE SOUTH CAROLINA SUPREME JUDICIAL COURT: VOTING PATTERNSIN DIVIDEDCRIMINAL CASES
  Nisa Khan

  This study illustrates Chief Justice Toal‘s voting approach in divided criminal cases, during her eleven year tenure as Chief Justice, in which she sided with the prosecution.

• State Constitutional Commentary
  August 08, 2009 EDT
  BATTLING THE THREAT: THE SUCCESSFUL PROSECUTION OF DOMESTIC VIOLENCE AFTER DAVIS V. WASHINGTON
  Katherine G. Breitenbach

  This article examines the progression of Confrontation Clause jurisprudence to predict the future of domestic violence prosecution.

• State Constitutional Commentary
  May 05, 2007 EDT
  THE INDIANA SUPREME COURT’S VOTING PATTERNS IN CRIMINAL DECISIONS
  Jason A. Cherna

  This high court study focuses on the Indiana Supreme Court’s divided criminal decisions, specifically those non-unanimous criminal decisions rendered between September 1, 2001 and August 31, 2006.