Now showing items 31-34 of 34
Silencing Nullification Advocacy Inside the Jury Room and Outside the Courtroom
(University of Chicago Law Review, 1998)
Jurors in criminal cases occasionally "nullify" the law by acquitting defendants who they believe are guilty according to the instructions given to them in court. American juries have exercised this unreviewable nullification ...
Plea Bargains that Waive Claims of Ineffective Assistance - Waiving Padilla and Fry
(Duquesne Law Review, 2013)
This essay addresses the growing use and enforcement of terms in plea agreements by which a defendant waives his right to attack his plea agreement on the basis of constitutionally deficient representation during negotiations ...
Once a Criminal? Regulating the Use of Prior Convictions in Sentencing
(Marquette Lawyer Magazine, 2014)
On November 18, 2013, Nancy J. King, the Lee S. and Charles A. Speir Professor at Vanderbilt Law School, delivered Marquette Law School’s annual George and Margaret Barrock Lecture in Criminal Law. This is an abridgment ...
Juries and Prior Convictions: Managing the Demise of the Prior Conviction Exception to "Apprendi"
(SMU Law Review, 2014)
This essay offers a menu of procedural alternatives for coping with the potential, some would say inevitable, abandonment of the prior conviction exception to the rule in Apprendi v. New Jersey. It compiles options states ...