Statute
Sixth Amendment
421 published works
Sentencing Law and Policy
Is the right to counsel “violated every day … in thousands of courtrooms across the nation”?
Main March 25, 2013Is the right to counsel "violated every day ... in thousands of courtrooms across the nation"?The provocative question in the title of this post is prompted by…
Sentencing Law and Policy
“LaflerandFrye: A New Constitutional Standard for Negotiation”
Main March 20, 2013"Lafler and Frye: A New Constitutional Standard for Negotiation" The title of this post is the title of this new paper by Rishi Batra, now available via…
Sentencing Law and Policy
DoesChaidezexpand the reach ofPadillaeven while rejecting its retroactive application?
Main February 20, 2013Does Chaidez expand the reach of Padilla even while rejecting its retroactive application? As noted in this prior post, the Supreme Court handed down four criminal justice…
Sentencing Law and Policy
“Doing Kimbrough Justice: Implementing Policy Disagreements with the Federal Sentencing Guidelines”
Main February 19, 2013"Doing Kimbrough Justice: Implementing Policy Disagreements with the Federal Sentencing Guidelines" The title of this post is the title of this newly available piece via SSRN authored…
NJ Family Legal Blog
THE 'RIGHT' TO AN ATTORNEY IS NOT CREATED EQUAL
We have all heard at one time or another, whether in a movie or television show, a police officer inform a person of their right to have a lawyer appointed…
Sentencing Law and Policy
An early report onAlleyneargument overApprendi’s reach
Main January 14, 2013An early report on Alleyne argument over Apprendi's reach As previewed here, today was a big day for the Sixth Amendment before the Supreme Court. Hard-core sentencing…
Sentencing Law and Policy
Great weekend reading for Sixth Amendment fans
Main January 11, 2013Great weekend reading for Sixth Amendment fansMy main plans for the coming weekend is to watch a lot of (well-paid) large men running around a small field…
Sentencing Law and Policy
Will 2013 finally bring the demise ofHarrisvia theAlleynecase?
Main December 31, 2012Will 2013 finally bring the demise of Harris via the Alleyne case?I have been too busy with family et al. this holiday season to find the time…
Sentencing Law and Policy
Seventh Circuit rejects extendingSouthern Unionto restitution based on (minority) view it is not a criminal penalty
Main December 5, 2012Seventh Circuit rejects extending Southern Union to restitution based on (minority) view it is not a criminal penaltyThe Seventh Circuit handed down a panel opinion today in…
Sentencing Law and Policy
IsAlleyneastare decisissleeper about “super-duper precedents”?
Main November 27, 2012Is Alleyne a stare decisis sleeper about "super-duper precedents"?Last month the Supreme Court granted cert in Allen Ryan Alleyne v. United States, in which the questions presented…