1,101 research outputs found

    Death Beyond a Reasonable Doubt

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    In the forty-four years since the Court employed the Eighth Amendment to temporarily suspend the death penalty in the United States in Furman v. Georgia in 1972, the Court has spilled an enormous amount of ink attempting to instruct the states on how to properly guide jurors’ discretion in imposing the death penalty. Yet, in its voluminous Eighth Amendment jurisprudence, the Justices spilled not one drop suggesting the familiar and unifying standard of beyond a reasonable doubt as a guide

    Toward a More Robust Right to Counsel of Choice

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    This Article takes its lead from the core principles of the right to counsel of choice expressed in Gonzalez-Lopez. These principles indicate that the right should include an indigent defendant\u27s right to continue an attorney-client relationship established at some point in the past, and that, for both nonindigent and indigent defendants, the right to continue a trial with counsel of choice must be honored by trial courts unless it would be unethical or manifestly unjust to do so. This means that trial courts must almost always grant a continuance to accommodate that choice and could rarely deny such a request for reasons of administrative convenience or docket control

    The Teaching of Mathematics in the Junior High School

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    The purpose of this thesis is to show how the study of the child and interest in the development of his mind has led to greater care in the choice of the subject matter of mathematics as well as in its presentation

    Deconstructing the Cultural Evidence Debate

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    Surgical Treatment of Benign Fibrous Histiocytoma as a Form of Intraspinal Extradural Tumor at Lumbar Spine

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    A benign fibrous histiocytoma (BFH) is one of the fibrohistiocytic groups of soft-tissue tumors for which spinal involvement is extremely rare. To the best of our knowledge, most spine-originating BFHs are bone tumors. We report the first case of BFH occurring in the intraspinal extradural space on the lumbar spine. A 66-year-old female presented with severe claudication symptom. The preoperative magnetic resonance images showed a huge intraspinal, extradural, thecal-sac-compressing soft-tissue tumor that extended along the right L5 root to the neural foramen. The tumor was a relatively well-marginated, inhomogeneous soft-tissue mass with some fluid-containing cystic portions that were well enhanced by the gadolinium contrast dye. After a total facectectomy, the tumor was removed completely. The patient had a good neurological recovery without complications, and no recurrence was noted at the 6-month follow-up

    Charging Time

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    On the verge of his 1,000th day in an El Paso, Texas jail, Robert Antonio Castillo was still waiting for a prosecutor to formally charge him with a crime. Mr. Castillo is one of thousands of people across the country who are arrested and jailed for weeks, months, and even years without charges. In one year in New Orleans, 275 people each spent an average of 115 days in jail only to have the prosecution decline all charges against them. Together, these men and women spent 31,625 days in one of the nation’s most dangerous jails, with no compensation for their incarceration, fear, lost wages, shame, and distress. Yet this violates no laws; it circumvents no constitutional protections.To date, there has been legal scholarship about the necessity of an extended time period between arrest and formal charging by information or indictment. Many states give prosecutors extended or indefinite time periods to file indictments and informations, and prosecutors appear to take that time. Until a prosecutor decides to accept or decline charges, the arrestee is in a procedural abyss. In this Article, we explore the equities at stake and the realities at play in this dark period.Prosecutors’ crushing caseloads, police officers’ shoddy and inadequate investigative work, and a lack of training or written policies on charging contribute to the delay. From the detained defendants’ perspective, the consequences of delayed charging are steep. Extended time in jail jeopardizes their lives, health, jobs, and case outcomes. Yet the constitutional protections granted to criminal defendants provide no remedy for this uncharged detention. After exposing this disturbing state of affairs, we offer practical, subconstitutional solutions to minimize needless delay in prosecutors’ formal charging decisions
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