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Statute

Sixth Amendment

421 published works

  1. Sentencing Law and Policy

    Is the right to counsel “violated every day … in thousands of courtrooms across the nation”?

    By Douglas Berman

    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…

  2. Sentencing Law and Policy

    “LaflerandFrye: A New Constitutional Standard for Negotiation”

    By Douglas Berman

    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…

  3. Sentencing Law and Policy

    DoesChaidezexpand the reach ofPadillaeven while rejecting its retroactive application?

    By Douglas Berman

    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…

  4. Sentencing Law and Policy

    “Doing Kimbrough Justice: Implementing Policy Disagreements with the Federal Sentencing Guidelines”

    By Douglas Berman

    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…

  5. NJ Family Legal Blog

    THE 'RIGHT' TO AN ATTORNEY IS NOT CREATED EQUAL

    By Fox Rothschild LLP

    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…

  6. Sentencing Law and Policy

    An early report onAlleyneargument overApprendi’s reach

    By Douglas Berman

    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…

  7. Sentencing Law and Policy

    Great weekend reading for Sixth Amendment fans

    By Douglas Berman

    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…

  8. Sentencing Law and Policy

    Will 2013 finally bring the demise ofHarrisvia theAlleynecase?

    By Douglas Berman

    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…

  9. Sentencing Law and Policy

    Seventh Circuit rejects extendingSouthern Unionto restitution based on (minority) view it is not a criminal penalty

    By Douglas Berman

    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…

  10. Sentencing Law and Policy

    IsAlleyneastare decisissleeper about “super-duper precedents”?

    By Douglas Berman

    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…