Statute
Sixth Amendment
421 published works
Criminal
“Black on Black Representation”
The title of this post is the title of this new article authored by Alexis Hoag now availble via SSRN. Here is its abstract:When it comes to combatting structural racism,…
Criminal
“The Sixth Amendment Sentencing Right and Its Remedy”
The title of this post is the title of this notable new paper authored by Carissa Byrne Hessick and now available via SSRN. Here is its abstract:The Sixth Amendment sentencing…
EvidenceProf Blog
Ninth Circuit Finds Jurors’ Use of Bible to Give the Death Penalty to the Defendant Was Not Reversible Error
By Colin Miller
The Mattox-Remmer framework set forth by the Supreme Court governs juror misconduct claims involving consideration of extraneous evidence during deliberations:At step one, the court asks whether the contact was “possibly…
EvidenceProf Blog
Supreme Court of Oregon Finds Jury Instructions Allowing for Nonunanimous Verdicts Are (Harmless) Error
By Colin Miller
In Ramos v. Louisiana, the Supreme Court held that "if the Sixth Amendment’s right to a jury trial requires a unanimous verdict to support a conviction in federal court, it…
Administrative and Regulatory
“The Administrative Law of the Eighth (and Sixth) Amendment”
The title of this post is the title of this book chapter authored by Richard Bierschbach and recently posted to SSRN. Here is its abstract:On the surface, few similarities exist…
Sentencing Law and Policy
With Justice Barrett seated, isn't it now time to pack the Supreme Court … with constitutional criminal procedure cases?
The question in the title of this post is prompted by all the intense Court-packing talk that I am seeing in some quarters this morning, combined with my hope that…
Sentencing Law and Policy
Notable ideas and efforts to take on the trial penalty
A helpful reader made sure I did not miss these two recent interesting items related to the pernicious realities of the trial penalty: Commentary from Shon Hopwood and Brett Tolman,…
Criminal
Notable ideas and efforts to take on the trial penalty
A helpful reader made sure I did not miss these two recent interesting items related to the pernicious realities of the trial penalty:Commentary from Shon Hopwood and Brett Tolman, "Amy…
PrawfsBlawg
Supreme Court Weighs Whether to Hear Possible Sentencing Law Blockbuster
Main Wednesday, October 14, 2020Supreme Court Weighs Whether to Hear Possible Sentencing Law BlockbusterThis Friday, the Supreme Court will decide whether to grant certiorari in Demma v. United States. Demma…
Bench & Bar of Minnesota
Child Sex Abuse and the Sixth Amendment
By Minnesota State Bar Association
<h2>Minnesota courts are eroding confrontation clause protections in cases involving child witnesses</h2> <p><em><strong>By Matthew Mankey and Stacy L. Bettison</strong></em></p> <h5><img src="https://www.mnbar.org/sf_images/default-source/bench-bar-articles/1020-law-columns-150.jpg?sfvrsn=2" data-displaymode="Original" alt="1020-Law-Columns-150" title="1020-Law-Columns-150" style="float: left; margin-bottom: 10px; margin-right: 10px;" />In all…