Is Innocent a Possible Verdict in a Criminal Trial
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Current Death Penalty Issues Michael Meltsner
Journal of Criminal Law and Criminology Volume 74 Article 1 Issue 3 Fall Fall 1983 Current Death Penalty Issues Michael Meltsner Marvin E. Wolfgang Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Michael Meltsner, Marvin E. Wolfgang, Current Death Penalty Issues, 74 J. Crim. L. & Criminology 659 (1983) This Symposium is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/83/7403-659 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 74, No. 3 Copyright 0 1983 by Northwestern University School of Law Printedin US.A. INTRODUCTION In 1976, a divided United States Supreme Court upheld state capi- tal sentencing laws on the assumption that explicit sentencing guide- lines, separate sentencing hearings and automatic appellate review of all death sentences would remove the substantial risk of arbitrariness of previous capital punishment sentencing schemes.I Eight years later, the premises supporting the constitutionality of the new laws appear to have little practical currency. That a set of scholarly contributions from law- yers, criminologists, and other investigators would uncover flaws in the operation of the death-case legal system is not surprising; earlier re- search into the operation of the discretionary death penalty systems raised significant doubts about the reliability, fairness, and necessity of capital punishment and contributed to the Court's landmark 1972 deci- sion in Furman v. -
Reason #1 to Support a National Moratorium on Executions
Reason #1 to Support a National Moratorium on Executions The National Death Penalty System is Seriously Flawed Resulting in Wrongful Convictions and Death Sentences • More than two out of every three capital judgments reviewed by the courts during a 23-year period were seriously flawed. Experts reviewed all the capital cases and appeals imposed in the United States between 1973 and 1995 at the state and federal levels. They found a national error rate of 68%. In other words, over two-thirds of all capital convictions and sentences are reversed because of serious error during trial or sentencing. This does not include errors that were not serious enough to warrant a reversal. • The federal government would not tolerate an error rate of 68% for any other government function - such as product safety or processing social security claims. Yet it allows this margin of error in the system that can take a person’s life. Only a moratorium puts an immediate halt to the risk of an innocent person being executed. • The error rate for capital cases is much higher than for other types of cases. At the direct appeal stage, serious or reversible error is detected in about 12 to 20% of the non-capital criminal cases that are appealed. • High error rates exist throughout the country and are not limited to certain states. Over 90% of states that have the death penalty have error rates of 52% or higher. 85% have error rates of 60% or higher. Three- fifths have error rates of 70% or higher. This is not an isolated problem but is universal in all death penalty states. -
State V. Tate
****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Con- necticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be repro- duced and distributed without the express written per- mission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** STATE OF CONNECTICUT v. JAMES TATE (SC 16311) Sullivan, C. J., and Borden, Norcott, Katz and Palmer, Js. Argued March 13Ðofficially released May 22, 2001 Counsel Kent Drager, senior assistant public defender, for the appellant (defendant). Eileen McCarthy Geel, assistant state's attorney, with whom, on the brief, were Eugene J. -
Help Yourself
Help Yourself Trials In Landlord and Tenant Court This information sheet describes what happens at trials. A tenant or landlord who would like more help can visit the Landlord Tenant Resource Center or talk to another lawyer. There is information at the end of this sheet on where to find legal help. n What happens at a trial? If the tenant has defenses to the A jury trial may not be scheduled for three or four months landlord’s claims, the tenant can ask for a trial. At the trial, both or more after your first court date. Before your trial date, you the landlord and tenant can present evidence. This evidence will have to come back for several court dates. You will have may include documents, photographs, or testimony from wit- a scheduling conference, mediation, and pretrial conference. nesses. Either a judge or jury will hear the evidence and make You also may have to file documents with the court or with the a decision about whether the landlord or the tenant wins the other party. If you miss a court date or fail to file a document, case. At a trial, the landlord has the burden of proving his or her you may lose your case. If you do not have an attorney, it may claim against the tenant. If the tenant has filed a counterclaim, be hard for you to do everything you have to do for a jury trial. recoupment, or setoff, the tenant has the burden of proving Some people without attorneys choose a bench trial instead of a those claims. -
The Price of Freedom RIGHTS Bail and Pretrial Detention of Low Income Nonfelony Defendants in New York City WATCH
United States HUMAN The Price of Freedom RIGHTS Bail and Pretrial Detention of Low Income Nonfelony Defendants in New York City WATCH The Price of Freedom Bail and Pretrial Detention of Low Income Nonfelony Defendants in New York City Copyright © 2010 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 1-56432-718-3 Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: +1 212 290 4700, Fax: +1 212 736 1300 [email protected] Poststraße 4-5 10178 Berlin, Germany Tel: +49 30 2593 06-10, Fax: +49 30 2593 0629 [email protected] Avenue des Gaulois, 7 1040 Brussels, Belgium Tel: + 32 (2) 732 2009, Fax: + 32 (2) 732 0471 [email protected] 64-66 Rue de Lausanne 1202 Geneva, Switzerland Tel: +41 22 738 0481, Fax: +41 22 738 1791 [email protected] 2-12 Pentonville Road, 2nd Floor London N1 9HF, UK Tel: +44 20 7713 1995, Fax: +44 20 7713 1800 [email protected] 27 Rue de Lisbonne 75008 Paris, France Tel: +33 (1)43 59 55 35, Fax: +33 (1) 43 59 55 22 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel: +1 202 612 4321, Fax: +1 202 612 4333 [email protected] Web Site Address: http://www.hrw.org December 2010 ISBN: 1-56432-718-3 The Price of Freedom Bail and Pretrial Detention of Low Income Nonfelony Defendants in New York City Summary ........................................................................................................................................... 1 Recommendations ............................................................................................................................. 7 I. The Bail Process ........................................................................................................................... -
In the United States District Court for the District Of
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) Crim. No. 09-43-SLR ) PAUL E. PAVULAK, ) ) Defendant. ) MEMORANDUM ORDER At Wilmington this 13th day of October, 2011, having sentenced defendant Paul E. Pavulak to imprisonment for a life term, pursuant to 18 U.S.C. § 3559(e), and given the complexities of the statutory scheme implicated by the charges of conviction, the court has determined to supplement its remarks made in open court by the following statement of reasons. 1. The statutory sentencing scheme for the crimes of conviction include the following: a. As to Count One, failure to register as a sex offender, a violation of 18 U.S.C. § 2250(a): The maximum penalties that could be imposed by statute for this offense include 10 years of imprisonment, followed by a minimum of 5 years of supervised release (up to a lifetime term of supervised release), a $250,000 fine and a $100 special assessment. b. As to Count Two, possession of child pornography, a violation of 18 U.S.C. § 2252A(a)(5)(8) & (b)(2): The maximum penalties that could be imposed by statute for this offense include a minimum of 10 years of imprisonment (up to 20 years of imprisonment), followed by a minimum of 5 years of supervised release (up to a lifetime term of supervised release), a $250,000 fine and a $100 special assessment. c. As to Count Three, attempted production of child pornography, a violation of 18 U.S.C. § 2251 (a) & (e):1 The maximum penalties that could be imposed by statute for this offense include a minimum term of 35 years of imprisonment (up to life imprisonment), followed by a minimum of 5 years of supervised release (up to a lifetime term of supervised release), a $250,000 fine and a $100 special assessment. -
Instructions for Parties Including Guidelines Regarding Protected, Confidential, Or Sensitive Information
Instructions for Parties including guidelines regarding protected, confidential, or sensitive information Office of Administrative Law Judges U.S. Securities and Exchange Commission 100 F Street NE, Mail Stop 2585 Washington, DC 20549 Phone: (202) 551-6030 Fax: (202) 777-1031 Email: [email protected] This information is primarily for parties1 appearing in Securities and Exchange Commission (SEC or the Commission) administrative proceedings before an administrative law judge. If you have questions regarding the record of a case, documents posted on the SEC’s website, or electronic filing through the SEC’s Electronic Filings in Administrative Proceedings (eFAP) system, please contact the Office of the Secretary at (202) 551-5400. For eFAP system access or technical issues, contact (202) 551-EFAP (3327). Part I: General Instructions Administrative proceedings are governed by the SEC’s rules of practice found at 17 C.F.R. § 201.100 et seq. The rules are available online here. All parties, including pro se respondents,2 are expected to be familiar with and abide by these rules. Parties must also familiarize themselves with the Office of the Secretary’s eFAP instructions and user manual governing electronic filing. Legal Representation Respondents may retain their own legal counsel to represent them3 and are encouraged to do so. The SEC cannot, however, appoint or pay for a 1 As used in this document, the term party or parties usually means Respondents and the Division of Enforcement. Non-party case participants should follow these instructions to the extent applicable. 2 A respondent is the person or entity charged in an administrative proceeding instituted by the Commission. -
(In Re: State of Alabama V. Calvin Cornelius Barnes) 1180802 SUPREME COURT
Alabama v. Barnes (Ala. 2020) Ex parte Calvin Barnes bound over to the grand jury. In May 2017, the grand jury returned an indictment against Barnes (In re: State of Alabama for murder. Barnes's bail obligation was v. transferred to the circuit court pursuant to Rule Calvin Cornelius Barnes) 7.6(a), Ala. R. Crim. P. Barnes was arraigned before the circuit court on July 21, 2017. The 1180802 circuit court set the case for trial on February 26, 2018. SUPREME COURT OF ALABAMA In November 2017, Barnes moved for an OCTOBER TERM, 2019-2020 evidentiary hearing seeking to establish immunity June 5, 2020 from prosecution on the basis that he was acting in defense of others under § 13A-3-23(d), Ala. Notice: This opinion is subject to formal revision Code 1975, at the time of the killing.1 Barnes before publication in the advance sheets of alleged Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Page 3 Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229- that he shot the victim, who was his wife's 0649), of any typographical or other errors, in brother, when the victim was attempting to break order that corrections may be made before the into Barnes's house. The circuit court held a opinion is printed in Southern Reporter. hearing on January 31, 2018, on the issue of Barnes's immunity, and, following that hearing, PETITION FOR WRIT OF HABEAS the circuit court entered an order finding that CORPUS Barnes had not proven by a preponderance of the evidence that the use of lethal force was justified. -
SC02-420 Marshall Vs. Moore
IN THE SUPREME COURT OF THE STATE OF FLORIDA MATTHEW MARSHALL, Appellant, v. Case No. SC 02-420 STATE OF FLORIDA, Appellee. ____________________________/ RESPONSE IN OPPOSITION TO MARSHALL’S SUPPLEMENTAL MEMORANDUM OF LAW IN LIGHT OF BOTTOSON v. MOORE AND KING v. MOORE MARSHALL’S CONSTITUTIONAL CHALLENGE TO FLORIDA’S CAPITAL SENTENCING STATUTE BASED UPON RING V. ARIZONA IS PROCEDURALLY BARRED AND MERITLESS Marshall asserts that Florida’s capital sentencing scheme and in particular, its override provision, is unconstitutional in light of Ring v. Arizona, 122 S.Ct. 2443 (2002) and Apprendi v. New Jersey, 530 U.S. 466 (2000). According to Marshall, there are three “elements” to capital murder which must be found by the jury before a defendant can be deemed “death eligible”: (1) the finding of an aggravator, (2) the finding that the aggravator is of sufficient weight to justify a death sentence, and (3) the finding that the mitigation does not outweigh the aggravation. Consequently, Marshall asserts, “death eligibility” does not occur at guilt-phase when there is a conviction for first-degree murder, but rather, at sentencing, 1 after the three “elements” have been found by a jury. Marshall contends that judicial overrides of life recommendations run afoul of the Sixth Amendment because the jury did not find the requirements for “death eligibility.” Even if “death eligibility” occurs at guilt-phase, Marshall continues, “no such determination of eligibility was made by [his] jury” because he was convicted of first-degree murder only and the jury recommended life. As such, he contends, his jury made “no ‘findings’ with respect to any facts which would make [him] eligible for the death penalty.” (Pet. -
144286NCJRS.Pdf
If you have issues viewing or accessing this file contact us at NCJRS.gov. , " r-h , ~,,;- "-if "'. -:-:;:;:-' .:",:,-' ,~-- , , ~'~~" - . ~.. ~ " ," . ,'" , ,0 ... ~. :--, =s.... -1-'_ .. <, - "un:t ':Dl:'";,~",, !l0f - j; t' t",' '- ,~: ' \' "2etl, ' 'r)l \;,,: 'iUie 'Gin .. ,l;) ',e' ;,Clft, " \ l .; ,';.: " 'q' ~ , :. !,,'mii ' I ~ ':,t,;"lj}' f~ '>~.j ,,'-:en (. ::t.. I ---,---------------- I I INTRODUCTION I In the final quarter of 1991, the Drug Abuse Warning Network (DAWN) reported a twelve I percent increase in total drug-related emergency room visits. The National Institute on Drug I Abuse (NIDA) indicated a rise in heroin and cocaine use in their household survey. There is work to be done and many battles yet to be waged on the community corrections front of this I drug war. I It is an accepted fact within the criminal justice system that drug addicts participate in more I criminal activity when they are under the influence of drugs. Drug use is, in itself, a ·1 criminal act. Strict monitoring of drug use is necessary to ensure the success of community- I based correctional supervision. I Drug testing, or urinalysis, has proven to be an important tool in monitoring offenders who I are supervised in the community. Drug testing of probationers and parolees has often met with legal challenges in the past. These challenges have generally been successfully defeated. I In order to anticipate and combat these challenges, it is crucial for professionals to have the ,I most comprehensive and current legal information at their disposal. ,I Drug testing has generally been upheld by the courts as an appropriate condition of ~I probation/parole, particularly where the underlying offense is related to drug use. -
The Right to a Fair Trial"
International Symposium "The Right to a Fair Trial" Max Planck Institut für Ausländisches öffentliches Recht und Völkerrecht Heidelberg, Germany 31 January - 3 February 1996 "Fair Trial Standards in the United States of America" by Richard S. Frase Professor of Law University of Minnesota REVISED VERSION, May 1996 A. Introduction Most of the fair trial guarantees contained in the Covenant on Civil and Political Rights and other international human rights instruments are protected by law in the United States. Nevertheless, a number of problem areas remain. The following report first provides background information on the structure of courts and criminal laws in the U.S. It then addresses each of the issues of criminal justice identified in the U.N. Questionnaire on the Right to Fair Trial. The impact of global and regional human rights instruments in the U.S. is then examined, followed by some concluding remarks on the strengths and weaknesses of the U.S. approach, and the lessons to be learned from the United States' two-hundred-year-long struggle to improve fair trial standards in criminal cases. B. The Structure of Criminal Courts in the United States 1. State and Federal Courts and Crimes. The United States has a federal system of government, in which the power to define and punish criminal offences is exercised by each of the 50 states and also by the federal government. Each state is a sovereign entity, exercising broad police powers; the federal government is, in principle, a limited government exercising the "enumerated" powers specified in the U.S. Constitution. The Constitution confers no general police power on the federal government, but does grant Congress the authority to enact laws "necessary and proper" to carry out the central government's enumerated powers. -
The Bench Trial: It Really Is Different by HON
Back to Table of Contents ADVOCATE SUMMER 2009 92 THE ✯ FROM MY SIDE OF T HE BENCH The Bench Trial: It Really Is Different BY HON. RANDY WILSON E’RE IN THE MIDDLE OF A BENCH TRIAL and I’m ask a witness to read a paragraph out loud. The document Wreminded of the many ways that a trial to the judge is already in evidence; there’s absolutely no reason to have differs from a jury trial. Trial lawyers often approach the witness demonstrate his reading prowess. Simply turn them the same, but there are fundamental differences. Now to the judge and say, “Your Honor, I’m now going to focus my that I’ve presided over scores of bench trials, I offer these questions on paragraph 4 of Ex. 1. Would you like a minute observations. to look at it before I begin my questions?” And, whatever you do, avoid the hackneyed trick of reading a paragraph from First, keep in mind that the judge is deciding both the a document and merely asking the witness, “did I read that facts and the law. As a result, you should approach the correctly?” That ruse might be a way to drive home a point in trial differently from the onset. The opening statement to a a document to a jury, but it has little place with the judge. jury will focus on the facts. In a bench trial, however, the opening statement should weave the facts and law together. Sixth, think of closing arguments the same as a jury trial.