All Articles tagged Trial
General
September 23, 2022 EDT An analysis of section 3502 of the Criminal Code Reform Bill of 1981 and discussion of pretrial detention hearings and procedural due process requirements.
Justice Commentaries
May 11, 2021 EDT 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.
Justice Commentaries
May 28, 2019 EDT This article explores the constitutionality and necessity of the use of money bail in cases involving nonviolent indigent defendants charged with low-level offenses.
Justice Commentaries
May 28, 2019 EDT This paper defines the no crime phenomenon and further explains how an accident, suicide, or a fabricated crime can be wrongly determined to be a crime before adjudication.
Justice Commentaries
May 28, 2019 EDT This article analyzes the interrogations of Brendan Dassey and explains why the behavior of law enforcement in the face of Brendan’s communication deficits contributed to an involuntary, unreliable confession.
General
December 12, 2018 EDT This article discusses a specific instance of an inconsistent ruling by the Patent Trial and Appeal Board in Telebrands Corp., v. Tinnus Enters., LLC.
Justice Commentaries
July 17, 2018 EDT There is little literature discussing how neuroscience data, at our current level of understanding, might be able to aid in determining competency. This article begins to fill that gap.
General
January 01, 2018 EDT This article takes the position that the self-incrimination clause of the Fifth Amendment prohibits an inference that defendant’s silence at sentencing is evidence of the defendant’s remorselessness.
Justice Commentaries
December 17, 2016 EDT This article demonstrates that regulation of prosecutor speech is piecemeal and inconsistent.
Justice Commentaries
December 17, 2016 EDT This article examines how prosecutor use of pretrial intervention efforts are useful for achieving public safety.
Justice Commentaries
August 03, 2015 EDT This article outlines how disparities in resources and differences in courtroom roles may put public defenders at a distinct disadvantage in cases adjudicated through trial.
Justice Commentaries
August 03, 2015 EDT This article outlines how disparities in resources and differences in courtroom roles may put public defenders at a distinct disadvantage in cases adjudicated through trial.
Justice Commentaries
October 16, 2014 EDT Through the prism of recent Supreme Court plea bargaining decisions this Article examines their implications for the competing goals of truth versus process.
Justice Commentaries
October 16, 2014 EDT As this article demonstrates, prosecutorial misconduct arising out of the use of technology poses a particular concern thanks to the ease of use and inexorable spread of new communication platforms.
New York Appeals
January 01, 2014 EDT Since "Make It Work" was published there have been several positive developments in how New York state courts interpreted and implemented CPLR Article 9.
Justice Commentaries
June 11, 2013 EDT In the absence of an express statute or constitutional provision permitting re-trials for acquitted defendants, could prosecutors use perjury prosecutions and subsequent civil and forfeiture proceedings used against defendants?
Justice Commentaries
May 05, 2012 EDT This article argues that the phenomenon of a wrongful exoneration is birthed primarily through a trial by media.
New York Appeals
March 03, 2012 EDT This article addresses NY‘s Sex Offender Management and Treatment Act and the role expert opinion plays in the trial of such cases.
Justice Commentaries
March 04, 2011 EDT This article examines state policies on three key stages at which the right to counsel may be critical: bail hearings; pretrial, plea, and trial hearings; and appeals of convictions.
General
January 01, 2011 EDT This paper argues that new biomedical technology, whose purpose is to prevent children from suffering from disease, should not be unduly hindered by regulations or restrictions on human clinical trials.
State Constitutional Commentary
August 08, 2010 EDT Ms. Bach's symposium remarks.