Statute
Sixth Amendment
421 published works
EvidenceProf Blog
Why Justices Gorsuch & Sotomayor Are Right About the Sixth Amendment Applying to Criminal Restitution
By Colin Miller
In Apprendi v. New Jersey, the United States Supreme Court held that any fact, other than a prior conviction, that increases the penalty for a crime beyond the prescribed statutory…
Sentencing Law and Policy
Massive new report on the state of federal criminal defense by Ad Hoc Committee to Review the Criminal Justice Act
Main October 4, 2018Massive new report on the state of federal criminal defense by Ad Hoc Committee to Review the Criminal Justice ActReleased today is this 300+-page report that should…
Ohio Appellate Insights
What Happened on Remand: No Relief for Demetrius Jackson. State v. Jackson.
Case Background Demetrius Jackson was arrested for raping 14-year-old C.H. While Jackson was in the county jail, he was interviewed by a Cuyahoga County Division of Children and Family Services social…
The Faculty Lounge
Len Kachinsky & the fallible Strickland standard
In a series of prior posts, I explored the various interrogations of Brendan Dassey in 2005 and 2006. Then sixteen, Dassey was interrogated numerous times across a several-month span about…
Illinois Post-Conviction Blog
Petitioner must specifically claim that appellate counsel was ineffective
By Nate Nieman
The petitioner in People v. Stockton, 2018 IL App (2d) 160353 pleaded guilty to murder and was sentenced to 50 years in prison. She then filed a post-conviction petition, alleging that her…
Sentencing Law and Policy
An (overly) optimistic account of how new Justices could disrupt federal sentencing based on uncharged and acquitted conduct
Main July 27, 2018An (overly) optimistic account of how new Justices could disrupt federal sentencing based on uncharged and acquitted conductIn this post earlier this month, I suggested that Justice…
Sentencing Law and Policy
Could Judge Brett Kavanaugh, as a SCOTUS Justice, encourage his colleagues to take up acquitted conduct sentencing?
Main July 24, 2018Could Judge Brett Kavanaugh, as a SCOTUS Justice, encourage his colleagues to take up acquitted conduct sentencing?The question in the title of this post is prompted by…
The Faculty Lounge
The other explanation for Brendan Dassey’s conviction
In a series of seven prior posts, I explored the primary reason—aggressive use (and misuse) of interrogation methods—for the 2007 murder conviction of Wisconsin teen Brendan Dassey. Dassey, now (in)famous…
Sentencing Law and Policy
“‘Finding’ a Way to Complete the Ring of Capital Jury Sentencing”
Main July 13, 2018"'Finding' a Way to Complete the Ring of Capital Jury Sentencing"The title of this post is the title of this paper newly posted on SSRN and authored…
Sentencing Law and Policy
“The Trial Penalty: The Sixth Amendment Right To Trial on the Verge of Extinction and How To Save It”
Main July 10, 2018"The Trial Penalty: The Sixth Amendment Right To Trial on the Verge of Extinction and How To Save It"The title of this post is the title of…