Statute
Sixth Amendment
421 published works
Criminal
“Unmuted: Solutions to Safeguard Constitutional Rights in Virtual Courtrooms and How Technology Can Expand Access to Counsel and Transparency in the Criminal Justice System”
The title of this post is the title of this timely new paper now on SSRN authored by Matt Bender. Here is its abstract:A defendant’s fundamental right to a public…
Criminal
“Pay to Play? Campaign Finance and the Incentive Gap in the Sixth Amendment’s Right to Counsel”
The title of this post is the title of this notable new paper authored by Neel Sukhatme and Jay Jenkins now available via SSRN. Here is its abstractFor nearly 60…
Sentencing Law and Policy
"Pay to Play? Campaign Finance and the Incentive Gap in the Sixth Amendment's Right to Counsel"
The title of this post is the title of this notable new paper authored by Neel Sukhatme and Jay Jenkins now available via SSRN. Here is its abstract For nearly…
Cross-Examination Blog
ZOOM CROSS-EXAMINATIONS AND THE CONFRONTATION CLAUSE
By Unknown
First Jury Selection Via Zoom in TexasAn article in the May 11, 2020 ABA Journal, entitled “Could Zoom jury trials become the norm during the coronavirus pandemic” explored the constitutional…
PrawfsBlawg
Justice Powell’s Separate Opinions
Main Monday, April 20, 2020Justice Powell's Separate OpinionsToday in Ramos v. Louisiana, the Supreme Court overruled Apodaca v. Oregon and held that the Sixth Amendment, applied to the states by…
Lawyers on Strike
Hope At The SCOTUS
By John Regan
A criminal defendant finally wins one, unambiguously. From now on, a jury conviction has to be unanimous. Ten out of 12 isn’t good enough. And Gorsuch wrote the majority opinion. …
Sentencing Law and Policy
In lengthy split opinion (with interesting splits), Supreme Court holds Sixth Amendment applies to states to require unanimous verdict to convict of serious offense
The Supreme Court this morning handed down a lengthy (surprisingly?) split decision in Ramos v. Louisiana, No. 18–5924 (S. Ct. April 20, 2020) (available here). At issue in Ramos was…
Sentencing Law and Policy
A reminder of why "acquitted conduct" sentencing enhancements should be seen as a constitutional abomination
I am only through the first part of the Supreme Court's first opinion in Ramos v. Louisiana, No. 18–5924 (S. Ct. April 20, 2020) (available here), which finally declares that…
Constitutional Law Prof Blog
SCOTUS Rules Sixth Amendment Right To Unanimous Jury Verdict Applies to States
Professor Ruthann Robson, City University of New York (CUNY) School of LawThe Court issued its opinion in Ramos v. Louisiana with a majority concluding that the Sixth Amendment confers a right…
Sentencing Law and Policy
Oregon discovering it might have <em>Apprendi</em> problems with its new first-degree murder sentencing provisions
A helpful reader alerted me to this interesting article from Oregon, headlined "New law throws true life sentence in doubt for MAX train killer Jeremy Christian, other murderers, experts say,"…