Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
Judge Rakoff highlights prosecutorial sentencing power in explaining “Why Innocent People Plead Guilty”
Main November 3, 2014Judge Rakoff highlights prosecutorial sentencing power in explaining "Why Innocent People Plead Guilty"Regular readers know that US District Judge Jed Rakoff has become a prominent regular critic…
Civil Rights Law & Policy Blog
I rarely say anything positive about the Koch brothers, but…
...I've got to give them props for their grant to the NACDL for indigent legal defense. As WSJ's Law Blog notes: The National Association of Criminal Defense Lawyers announced this week that it’s…
Sentencing Law and Policy
Refusing to take up acquitted punishment, passive virtues, SCOTUS reputation, and cert-denial-deal speculation
Main October 14, 2014Refusing to take up acquitted punishment, passive virtues, SCOTUS reputation, and cert-denial-deal speculationI cannot resist the urge to use this space to reflect upon (and perhaps salve)…
Sentencing Law and Policy
Three Justices dissent from denial of certiorari inJones/Ballacquitted conduct case
Main October 14, 2014Three Justices dissent from denial of certiorari in Jones/Ball acquitted conduct caseI am very disappointed to have to report that this morning the Supreme Court denied certiorari…
Civil Rights Law & Policy Blog
“Paying for Gideon”
The title of this post comes from this recent article by Professor Beth Colgan, the abstract of which states: To protect the “noble ideal” that “every defendant stands equal before…
Human Rights at Home Blog
De Facto Imprisonment and the Right to a Speedy Trial
by Brian HoweThere is not much available in the way of a comprehensive drafting history for the US Bill of Rights. It is sometimes difficult or impossible to divine the…
Sentencing Law and Policy
Concurrence laments “trend” of federal prosecutors seeking “significantly enhanced terms of imprisonment under the guise of ‘relevant conduct'”
Main October 5, 2014Concurrence laments "trend" of federal prosecutors seeking "significantly enhanced terms of imprisonment under the guise of 'relevant conduct'" An otherwise unremarkable federal drug sentence appeal in the…
Sentencing Law and Policy
SCOTUS grants cert on lots of new cases, with only two on criminal procedure and one on prisoner suits
Main October 2, 2014SCOTUS grants cert on lots of new cases, with only two on criminal procedure and one on prisoner suitsThe Supreme Court this morning released this list of…
Sentencing Law and Policy
“Paying forGideon”
Main July 24, 2014"Paying for Gideon"The title of this post is the headline of this notable new essay by Beth Colgan now available via SSRN. Here is the abstract: To…
Sentencing Law and Policy
Significant (but unpublished!?!) Sixth Circuit ruling findingLaflerprejudice despite defendant’s claims of innocence
Main July 1, 2014Significant (but unpublished!?!) Sixth Circuit ruling finding Lafler prejudice despite defendant's claims of innocenceThe Sixth Circuit just released an interesting and important ruling in Sawaf v. US,…