criminal defendants
Unreasonable: Involuntary Medications, Incompetent Criminal Defendants, and the Fourth Amendment
... incompetent criminal defendants are necessarily incompetent to make medical treatment decisions, although arguably assuming a standard of competency to make medical treatment decisions that is more ...
47
Criminal Defendants with Psychiatric Impairment: Prevalence, Probabilities and Rates
... An examination of the size of the intersection of two populations subjected to formal governmental social control-criminal defendants and psychiatric patients-revealed that the intersect[r] ...
26
How the States Can Fix Sell: Forced Medication of Mentally Ill Criminal Defendants in State Courts
... This Note intends to shift the dialogue on Sell. Sell is a federal constitutional standard and much of the academic attention paid to it has been focused solely on whether it adequately protects the rights of ...
39
Competency, Counsel, and Criminal Defendants’ Inability To Participate
... remove defendants’ decisionmaking authority and grant it instead to their ...for defendants’ ability to participate in trials, and those implications become even more dire because of the state of indigent ...
42
Frequent Fliers At The Court: The Supreme Court Begins To Take The Experience Of Criminal Defendants Into Account In Miranda Cases
... The focus on the criminal background of a defendant presents a subtle shift in approach. Instead of relying on a prophylactic rule to prevent abusive police tactics, the Court is starting to focus instead on ...
38
The Competence of Criminal Defendants with Mental Retardation to Participate in Their Own Defense
... Second, it seems doubtful that trial courts would be inclined to preclude adjudication altogether in cases involving defendants who understand the charges and are able to assist counsel,[r] ...
29
Replacing Lawyers: A Case Study of the Sequential Representation of Criminal Defendants
... The public defender's office case files provided some information about whether their office rep- The Cook County Public Defender's Office switch in 197440 to unitary representation in h[r] ...
27
Mental Examinations of Criminal Defendants in Federal Court
... Neither of these situations should be confused with that posed when the prosecution seeks a court order compelling the defendant to submit to an examination by a pr[r] ...
32
The Newsperson's Privilege in Grand Jury Proceedings: An Argument for Uniform Recognition and Application
... Courts have applied a balancing test when reporters assert a first amendment privilege in criminal proceedings.' 7 In balancing criminal defendants' sixth amendment right to obtain evide[r] ...
31
Testimonial Is As Testimonial Does
... I have argued that under Ohio v. Roberts, the Confrontation Clause “saved us” from the admission of certain unreliable evidence against criminal defendants that is now admissible. 52 The Supreme Court has ...
13
The Ethics of Cause Lawyering: An Empirical Examination of Criminal Defense Lawyers as Cause Lawyers
... Sometimes criminal defendants are better represented by defense attorneys who are "cause lawyers" passionately seeking to advance their political and moral visions through the representa[r] ...
67
The Seduction of Innocence: The Attraction and Limitations of the Focus on Innocence in Capital Punishment Law and Advocacy
... Rather, in the peremptory challenge context, the Court emphasized the need to allow criminal defendants to seek remedies for discrimination against racial minorities excluded from their [r] ...
39
Nothing New Under the Sun: The Development of Habeas Corpus and Executive Power in the Bush Administration
... of criminal defendants in state proceedings,” Smith went on to say that “there is no justification in the present day for the availability of federal habeas corpus as a routine means of review of state ...
17
Reconciling Brady and Pitchess: Association for Los Angeles Deputy Sheriffs v. Superior Court, and the Future of Brady Lists
... Dripps, Criminal Procedure, Footnote Four, and the Theory of Public Choice; Or, Why Don’t Legislatures Give a Damn About the Rights of the Accused?, 44 S YRACUSE ...of criminal defendants can be ...
23
Kids, Groups and Crime: Some Implications of a Well Known Secret
... processed in juvenile justice systems are different from other criminal defendants-they are younger, and their youth is an important influence on sentencing policy in criminal as well as[r] ...
20
From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms After Heller
... 68. See infra Part III.A.2 (finding that nearly two thirds of challenges are brought by criminal defendants, who have a success rate of only 6 percent) and Part III.A.3 and Appendix C, ...
77
Resolving a "Substantial Question": Just Who is Entitled to Bail Pending Appeal under the Bail Reform Act of 1984?
... federal criminal defendants who wish to remain free on bail after conviction must prove that their appeal will have enough merit to raise at least one “substantial ...countless defendants in other ...
33
Artificial Intelligence and Role Reversible Judgment
... of criminal justice likely fall within one of these two camps, meaning—at the very least—that we ought to think long and hard before abandoning role- reversibility in the criminal ...in criminal ...
29
Beyer.Justice by the Grid.pdf
... Since the 1990s, there have been some changes made to North Carolina’s structured sentencing policy, but the overall structure of the punishment grids has remained the same since the law was first implemented in 1995 ...
102
The Impact of American Sign Language Interpreter Licensure Laws on d/Deaf Defendants in Criminal Cases
... in criminal cases be provided with a qualified interpreter of their language, usually American Sign Language ...d/Deaf defendants claimed their rights were infringed upon to present ways in which the laws ...
46