All Articles tagged hearings

• General
  January 01, 2018 EDT
  SILENCE AND REMORSELESSNESS
  Caleb J. Fountain

  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.

• General
  June 16, 2017 EDT
  SECRETS AND SECURITY: OVERCLASSIFICATION AND CIVIL LIBERTY IN ADMINISTRATIVE NATIONAL SECURITY DECISIONS
  Ann Koppuzha

  This article discusses due process procedures relating to national security administrative decisions such as placing someone on the No-Fly list.

• Justice Commentaries
  June 11, 2013 EDT
  THE DOUBLE JEOPARDY CLAUSE, NEWLY DISCOVERED EVIDENCE, AND AN “UNOFFICIAL” EXCEPTION TO DOUBLE JEOPARDY: A COMPARATIVE INTERNATIONAL PERSPECTIVE
  Steven V. DeBraccio

  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
  March 04, 2011 EDT
  A PATCHWORK OF POLICIES: JUSTICE, DUE PROCESS, AND PUBLIC DEFENSE ACROSS AMERICAN STATES
  Alissa Pollitz WordenAndrew Lucas Blaize DaviesElizabeth K. Brown

  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.