43 research outputs found

    A Brief Reply to Professor Cassell

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    Commission Model of Sentencing

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    Commission Model of Sentencing

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    The Anti-Blackstonians

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    The Federal Anti-Riot Act and Political Crime: The Need for Criminal Law Theory

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    The Anti-Blackstonians

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    Reinventing the Trial: The Innocence Revolution and Proposals to Modify the American Criminal Trial

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    Law review articles by D. Michael Risinger, Tim Bakken, Keith Findley, Samuel Gross, and Christopher Slobogin have proposed modifications to pretrial and trial procedures designed to reduce wrongful convictions. Some fit within the adversary model and others have “inquisitorial” features. We compare and evaluate the recommendations from the perspectives of lawyer-scholars trained in the United States and Germany. We examine the proposals for their novelty, feasibility, complexity, likely impact, and possible negative or positive side effects. This Article describes, compares, and critically analyzes the articles; suggests additional truth-enhancing procedural reforms; and provides a platform for further analysis

    Rethinking Venue in Light of the Rodney King Case: An Interest Analysis

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    This article analyzes the California Court of Appeals decision in Powell v. Superior Court of Los Angeles County that issued a writ of mandate on pretrial appeal directing the trial judge to order a defense motion for change of venue. The premise of the article is that the decision was inadequate in significant ways and concludes that the court of appeals improperly exercised its discretion. The venue in the Rodney King case properly belonged in Los Angeles County. Two broad lines of reasoning supporting this conclusion are offered. First, as discussed in Part II, the reasoning of Powell was wanting. Parts III and IV offer an interest analysis that gives a positive and principled reason for retaining venue in this case: the value of a local community to have important local decisions made according to its own norms and values

    Reinventing the Trial: The Innocence Revolution and Proposals to Modify the American Criminal Trial

    Get PDF
    Law review articles by D. Michael Risinger, Tim Bakken, Keith Findley, Samuel Gross, and Christopher Slobogin have proposed modifications to pretrial and trial procedures designed to reduce wrongful convictions. Some fit within the adversary model and others have “inquisitorial” features. We compare and evaluate the recommendations from the perspectives of lawyer-scholars trained in the United States and Germany. We examine the proposals for their novelty, feasibility, complexity, likely impact, and possible negative or positive side effects. This Article describes, compares, and critically analyzes the articles; suggests additional truth-enhancing procedural reforms; and provides a platform for further analysis
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