Anonymous Juries: in Exigent Circumstances Only
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Forgiving & Forgetting in American Justice
Forgiving and Forgetting in American Justice A 50-State Guide to Expungement and Restoration of Rights October 2017 COLLATERAL CONSEQUENCES RESOURCE CENTER The Collateral Consequences Resource Center is a non-profit organization established in 2014 to promote public discussion of the collateral consequences of conviction, the legal restrictions and social stigma that burden people with a criminal record long after their court-imposed sentence has been served. The resources available on the Center website are aimed primarily at lawyers and other criminal justice practitioners, scholars and researchers, but they should also be useful to policymakers and those most directly affected by the consequences of conviction. We welcome information about relevant current developments, including judicial decisions and new legislation, as well as proposals for blog posts on topics related to collateral consequences and criminal records. In addition, Center board members and staff are available to advise on law reform and practice issues. For more information, visit the CCRC at http://ccresourcecenter.org. This report was prepared by staff of the Collateral Consequences Resource Center, and is based on research compiled for the Restoration of Rights Project, a CCRC project launched in August 2017 in partnership with the National Association of Criminal Defense Lawyers, the National Legal Aid & Defender Association, and the National HIRE Network. The Restoration of Rights Project is an online resource containing detailed state-by-state analyses of the law and practice in each U.S. jurisdiction relating to restoration of rights and status following arrest or conviction. Jurisdictional “profiles” cover areas such as loss and restoration of civil rights and firearms rights, judicial and executive mechanisms for avoiding or mitigating collateral consequences, and provisions addressing non- discrimination in employment and licensing. -
No Jury Rigging in the Court of Appeals for the Seventh Circuit: an Analysis of Jury Testimony to Impeach Jury Verdicts
SEVENTH CIRCUIT REVIEW Volume 4, Issue 2 Spring 2009 NO JURY RIGGING IN THE COURT OF APPEALS FOR THE SEVENTH CIRCUIT: AN ANALYSIS OF JURY TESTIMONY TO IMPEACH JURY VERDICTS ∗ BRIAN W. REIDY Cite as: Brian W. Reidy, No Jury Rigging in the Court of Appeals for the Seventh Circuit: An Analysis of Jury Testimony to Impeach Jury Verdicts, 4 SEVENTH CIRCUIT REV. 428 (2009), at http://www.kentlaw.edu/7cr/v4-2/reidy.pdf. I. INTRODUCTION Following the conclusion of a federal jury trial, a unique tension exists between the notion of a “fair verdict” and the American legal system’s historical veneration of private jury deliberations. When a litigant alleges that a fair trial was denied after jury deliberations have concluded, the resolution of this allegation directly conflicts with the systemic interest in verdict finality. Few would deny that a losing litigant deserves a new trial if the jury’s verdict was tainted by something external to the protections of the courtroom.1 Conversely, it is well-recognized that, unlike fine wine, steaks, and cheese, lawsuits do not improve with age because as time passes, memories fade, ∗ J.D. candidate, May 2009, Chicago-Kent College of Law, Illinois Institute of Technology. Special thank you to both my wife, Lizzie—I am nothing without you—and to my son, Owen—you inspire me every day. I love you both more than you will ever know! 1 James W. Diehm, Impeachment of Jury Verdicts: Tanner v. United States and Beyond, 65 ST. JOHN’S L. REV. 389, 403 (1991) (noting that external influences would include: threats against jurors, outside or erroneous information provided to jurors, or other improper influences). -
Jury Misconduct in Texas: Trying the Trier of Fact
SMU Law Review Volume 34 Issue 5 Article 3 1980 Jury Misconduct in Texas: Trying the Trier of Fact David E. Keltner Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation David E. Keltner, Jury Misconduct in Texas: Trying the Trier of Fact, 34 SW L.J. 1131 (1980) https://scholar.smu.edu/smulr/vol34/iss5/3 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. JURY MISCONDUCT IN TEXAS: TRYING THE TRIER OF FACT by David E.Kellner* T HE problem of jury misconduct has plagued attorneys since the adoption of the Magna Carta. Since that time practitioners, concerned that verdicts be reached fairly, have attacked the outcomes of jury trials on the grounds that the jurors violated their oaths and instructions. In ad- dressing jury misconduct, courts have been caught between two conflicting policies. First, courts recognize that every litigant is entitled to a fair trial, free from preconceived prejudices and outside influence. A juror's mis- conduct can and often does deny this right. On the other hand, the jury's verdict should be certain and final. A subsequent review of the jury's de- liberations results in a trial on a trial. In their struggle to choose between these two policies, Texas courts have created a body of law with peculiar rules, practices, and presumptions governing jury misconduct cases that affect every attorney engaged in litigation. -
Notes Toward a History of American Justice
Buffalo Law Review Volume 24 Number 1 Article 5 10-1-1974 Notes Toward a History of American Justice Lawrence M. Friedman Stanford University Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Comparative and Foreign Law Commons, Criminal Law Commons, and the Legal History Commons Recommended Citation Lawrence M. Friedman, Notes Toward a History of American Justice, 24 Buff. L. Rev. 111 (1974). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol24/iss1/5 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. NOTES TOWARD A HISTORY OF AMERICAN JUSTICE* LAWRRENCE M. FRIEDMAN** n Kent County, Delaware, in 1703, Adam Latham, a laborer, and Joan Mills, wife of a laborer named Andrew Mills, were brought before the county court. The grand jury presented Joan Mills for adultery. She pleaded guilty to the charge. For punishment, the court ordered her to be publicly whipped-21 lashes on her bare back, well applied; and she was also sentenced to prison, at hard labor, for one year. Adam Latham was convicted of fornication. He was sentenced to receive 20 lashes on his bare back, well laid on, in full public view. He was also accused of stealing Isaac Freeland's dark brown gelding, worth 2 pounds 10 shillings. Adam pleaded guilty; for this crime he was sentenced to another four lashes, and was further required to pay for the gelding. -
"Lepke" Buchalter
FEDERAL BUREAU OF INVESTIGATION FREEDOM OF INFORIVIATION/PRIVACY ACTS SECTION COVER SHEET SUBJECT: LOUIS "LEPKE" BUCHALTER 60-1501-980 - ~ fr/",__ J v I Form No! 1 ' ~ -V _ .' I '7" //:'if-i-r.-5-3:; .'l:i':§i":'_;-: =_' '' ; - -. --; .- ~:?~/;-" , _ , - ' -. =-- J ;-.--.<_._.>;,-;»_= '-a.'~."".=; ~" - -»__r_,l _ . 1 5 ., »._.- . -__-.92 ,. ;~.'...~r-...._~ -. _»_ -_ ,_ ~._ "$4 ,1 -'- - - ;.f~ '~, ' =;'_"- ~ .-'_"'-7' .- W<3~"*:.--;.,92' . .3L':':.?'.. .-3'.. _. 1. ~ . --"',-ff-.--f-$~f;7'$.*»I-'-.*,.92.";'-_-,;";?;h.. .. _.~q,_.;,._ _..._,.',._._~,.h-._,-_,.__ . , . ' 1»-.' 'ell.'.;- .-.~';», -w <. _, J. .: -- .- 3 -, : .Pll§;99§5Q_9fij§**_f?§§d . -. ..._~ .- 'R°R??i?l"=.¥*%9.FZ='?:$.="1¥;;*2.:i * " ~Dui=.<> ' 'When -M=1de*:".> 7 '"f1I"i.".¢1<ii'£?.o""':~.7:1i'1_¢11"1»-2 , Repdrsmae . - -. i " "6 II"File 'ChzIi4actér'bf'Ca'ss 'NO. ,__,MvM , I.-_-_-.°l¢ .. .. ~-. ..r_ ;.55gfI_!'1~' ~_,,§,,-I11-g,.,__» -....lF§iIwI@m :,__.;-,_¢. - . ~ ._ - *- Q. Km-5,93 ii$3lsPZ£iiQ;-31I#i@h"~;nl1a.sés : "eurr¢m," ca¢r"1;<;'"" s1{Epir&> ,! " 'ANTITRUST . *"°§is §~¥T#éi.9.¢1f1¢§ii.3'i§~§1?5P¢¥5!iL92¬>.:1-sliishW88» 3°~119216.l.sDisnu.husén7 " - Smu¢.l"1>I@3'*?¢¥'*Z*f¢h:6*"I»§£§2..s ~ sw;@_._"1" »s_.._s1hv ". -
Pattern Criminal Jury Instructions for the District Courts of the First Circuit)
UNITED STATES DISTRICT COURT DISTRICT OF MAINE 2019 REVISIONS TO PATTERN CRIMINAL JURY INSTRUCTIONS FOR THE DISTRICT COURTS OF THE FIRST CIRCUIT DISTRICT OF MAINE INTERNET SITE EDITION Updated 6/24/19 by Chief District Judge Nancy Torresen PATTERN CRIMINAL JURY INSTRUCTIONS FOR THE FIRST CIRCUIT Preface to 1998 Edition Citations to Other Pattern Instructions How to Use the Pattern Instructions Part 1—Preliminary Instructions 1.01 Duties of the Jury 1.02 Nature of Indictment; Presumption of Innocence 1.03 Previous Trial 1.04 Preliminary Statement of Elements of Crime 1.05 Evidence; Objections; Rulings; Bench Conferences 1.06 Credibility of Witnesses 1.07 Conduct of the Jury 1.08 Notetaking 1.09 Outline of the Trial Part 2—Instructions Concerning Certain Matters of Evidence 2.01 Stipulations 2.02 Judicial Notice 2.03 Impeachment by Prior Inconsistent Statement 2.04 Impeachment of Witness Testimony by Prior Conviction 2.05 Impeachment of Defendant's Testimony by Prior Conviction 2.06 Evidence of Defendant's Prior Similar Acts 2.07 Weighing the Testimony of an Expert Witness 2.08 Caution as to Cooperating Witness/Accomplice/Paid Informant 2.09 Use of Tapes and Transcripts 2.10 Flight After Accusation/Consciousness of Guilt 2.11 Statements by Defendant 2.12 Missing Witness 2.13 Spoliation 2.14 Witness (Not the Defendant) Who Takes the Fifth Amendment 2.15 Definition of “Knowingly” 2.16 “Willful Blindness” As a Way of Satisfying “Knowingly” 2.17 Definition of “Willfully” 2.18 Taking a View 2.19 Character Evidence 2.20 Testimony by Defendant -
Filed an Amicus Brief
RECEIVED by MSC 1/24/2020 11:58:45 AM IN THE SUPREME COURT APPEAL FROM THE COURT OF APPEALS __________________________ PEOPLE OF THE STATE OF AMICUS CURIAE BRIEF OF THE MICHIGAN, FULLY INFORMED JURY ASSOCIATION Plaintiff/Appellee, MSC NO.: 159063 COA NO.: 342424 -vs- CIRCUIT CT. NO.: 17-24073-AR DISTRICT CT. NO.: 15-45978-FY KEITH ERIC WOOD, Defendant/Appellant. _____________________________ AMICUS CURIAE BRIEF OF THE FULLY INFORMED JURY ASSOCIATION Submitted by: /s/ Eric Misterovich Eric Misterovich (P73422) Revision Legal, PLLC 8051 Moorsbridge Rd. Portage, MI 49024 (269) 281-3908 [email protected] John Di Giacomo (P73056) Revision Legal, PLLC 444 Cass St., Ste. D Traverse City, Michigan 49684 (231) 714-0100 [email protected] Attorneys for the Fully Informed Jury Association RECEIVED by MSC 1/24/2020 11:58:45 AM TABLE OF CONTENTS INDEX OF AUTHORITIES ...................................................................................................... ii INTEREST OF AMICUS CURIAE ............................................................................................ 1 SUMMARY OF THIS CASE AND THE ARGUMENTS IN THIS BRIEF ................................ 2 ARGUMENT.............................................................................................................................. 3 I. EVEN IF WOOD HAD KNOWINGLY HANDED HIS PAMPHLETS OR ORALLY COMMUNICATED THE IDEAS CONTAINED IN THE PAMPHLETS DIRECTLY TO A KNOWN JUROR, HE WOULD NOT COMMIT THE CRIME OF JURY TAMPERING....... 4 II. MICHIGAN JURIES HAVE ALWAYS HAD THE -
In the Supreme Court of Mississippi
IN THE SUPREME COURT OF MISSISSIPPI NO. 2015-CA-01886-SCT HYUNDAI MOTOR AMERICA AND HYUNDAI MOTOR COMPANY v. OLA MAE APPLEWHITE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF AND WRONGFUL DEATH BENEFICIARIES OF DOROTHY MAE APPLEWHITE, DECEASED, CEOLA WADE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF AND WRONGFUL DEATH BENEFICIARIES OF ANTHONY J. STEWART, DECEASED, AND KENNETH CORDELL CARTER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF AND WRONGFUL DEATH BENEFICIARIES OF CECILIA COOPER, DECEASED DATE OF JUDGMENT: 01/13/2015 TRIAL JUDGE: HON. ALBERT B. SMITH, III TRIAL COURT ATTORNEYS: J. COLLINS WOHNER, JR. PHILIP A. DOMINIQUE SARA BAILEY RUSSO ELIZABETH A. WEEKS KEITH W. McDANIEL ROBERT WILLIAM MAXWELL LINDSEY C. MEADOR RALPH EDWIN CHAPMAN JIMMY B. WILKINS C. KENT HANEY DENNIS C. SWEET, III KEVIN CHRISTOPHER NEWSOM THOMAS N. VANDERFORD, JR. WILLIAM O. LUCKETT, JR. COURT FROM WHICH APPEALED: COAHOMA COUNTY CIRCUIT COURT ATTORNEYS FOR APPELLANTS: J. COLLINS WOHNER, JR. MICHAEL JAMES BENTLEY JIMMY B. WILKINS WALTER EDGAR McGOWAN WILLIAM O. LUCKETT, JR. ROBERT WILLIAM MAXWELL ATTORNEYS FOR APPELLEES: RALPH EDWIN CHAPMAN EDUARDO ALBERTO FLECHAS DANA J. SWAN DENNIS C. SWEET, III SARA BAILEY RUSSO NATURE OF THE CASE: CIVIL - WRONGFUL DEATH DISPOSITION: REVERSED AND REMANDED - 03/11/2021 MOTION FOR REHEARING FILED: MANDATE ISSUED: EN BANC. RANDOLPH, CHIEF JUSTICE, FOR THE COURT: ¶1. This case arises from a two-car accident in which a Hyundai Excel was traveling southbound on U.S. Highway 61 at a closing speed of 68 to 78 mph and, for reasons unknown, crossed the center line into the oncoming lane of traffic. -
Summer 2021 Criminal Law Webinar Case
Phil Dixon [email protected] Jonathan Holbrook [email protected] Brittany Williams [email protected] Summer Criminal Law Webinar June 4, 2021 Cases covered include reported decisions from the U.S. Supreme Court and the North Carolina appellate courts decided between December 15, 2020, and May 18, 2021. The summaries were prepared by School of Government faculty and staff. To view all of the summaries, go to the Criminal Case Compendium or the North Carolina Criminal Law Blog. To obtain the summaries automatically by email, sign up for the Criminal Law Listserv. Investigatory Stops and Seizures The application of physical force with intent to restrain a suspect, even if unsuccessful, is a Fourth Amendment seizure Torres v. Madrid, 592 U.S. ___, 141 S. Ct. 989 (Mar. 25, 2021) (Roberts, C.J.). Law enforcement officers were attempting to serve an arrest warrant early in the morning at an apartment complex in New Mexico. They noticed the plaintiff in the parking lot and realized she was not the subject of the warrant but wished to speak with her. As they approached, the plaintiff entered her car. According to the plaintiff, she did not immediately notice the police approaching (and was admittedly under the influence of methamphetamine). When an officer tried to open her car door to speak with her, she noticed armed men surrounding her car for the first time and drove off, fearing a carjacking. Although not in the path of the vehicle, the officers fired 13 rounds at the car as it drove away. The plaintiff was struck twice in her back but escaped, only to be apprehended the next day. -
LEAGUE of NATIONS Communicated to the Council and the Members of the League. C.67.M.67.1942.XI
LEAGUE OF NATIONS Communicated to the C.67.M.67.1942.XI. Council and the Members (O.C./A.B.1941/31) of the League. (issued in English only) Geneva, August 19th, 1942. TRAFFIC IN OPIUM AM) OTKER DANGEROUS DRUGS. ANNUAL REPORTS BY GOVERNMENTS FOR 1941. UNITED STATES OF AMERICA. Note by the Acting Secretary-General. In accordance with Article 21 of the Convention of I93I for limiting the Manufacture and regulating the Distribution of Narcotic Drugs, the Acting Secretary-General has the honour to communicate the above-mentioned report to the parties to the Convention. The report is also communicated to other States and to the Advisory Committee on Traffic in Opium and other Dangerous Drugs. (For the form of annual reports, see document 0.C.1600). TRAFFIC IN OPIUM AND OTHER DANGEROUS DRUGS FOR THE YEAR ENDED DECEMBER 31 1941 U. S. TREASURY DEPARTMENT BUREAU OF NARCOTICS WASHINGTON, D. C. U. S. TREASURY DEPARTMENT BUREAU OF NARCOTICS TRAFFIC IN OPIUM AND OTHER DANGEROUS DRUGS FOR THE YEAR ENDED DECEMBER 31, 1941 REPORT BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1942 For sale by the Superintendent of Documents, Washington. D. C. Price 15 cents (Paper) LETTER OF TRANSMITTAL T r e a su r y D e p a r t m e n t , B u r e a u of N ar c o t ic s, 'Washington, A pril 1 ,191(2. The H o n o r a b le t h e S e c r e t a r y o f t h e T r e a s u r y . -
Electronic Surveillance, the Mafia and Individual Freedom Benjamin M
Louisiana Law Review Volume 42 | Number 4 Summer 1982 Electronic Surveillance, the Mafia and Individual Freedom Benjamin M. Shieber Louisiana State University Law Center Repository Citation Benjamin M. Shieber, Electronic Surveillance, the Mafia and Individual Freedom, 42 La. L. Rev. (1982) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol42/iss4/5 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. ELECTRONIC SURVEILLANCE, THE MAFIA, AND INDIVIDUAL FREEDOM* Benjamin M. Shieber** I. INTRODUCTION The United States Constitution affects the ability of federal, state and local governments to combat criminal activity. Since the relevant constitutional provisions are in the form of broadly stated legal commands,' the constitutionality of specific law enforcement practices can only be determined when the courts, ultimately the Supreme Court of the United States, interpret these commands in cases in which they are challenged. As has long been recognized, the judicial role in the interpretation process is a creative one, for when conflicting policies compete for ac- ceptance, a court's interpretation will further one policy at the expense of another.' The court's policy preference can only be rational and respon- sible when it is based on "considerations of what is expedient for the community concerned."'3 This requires the court to know the communi- ty, determine how implementation of each competing policy would af- fect it, and choose the policy of greatest utility for that community.' Cases involving electronic surveillance' by law enforcement agen- * Copyright 1982, Benjamin M. -
Original Gangster: the Real Life Story of One of Americas Most Notorious Drug Lords by Frank Lucas Ebook
Original Gangster: The Real Life Story of One of Americas Most Notorious Drug Lords by Frank Lucas ebook Ebook Original Gangster: The Real Life Story of One of Americas Most Notorious Drug Lords currently available for review only, if you need complete ebook Original Gangster: The Real Life Story of One of Americas Most Notorious Drug Lords please fill out registration form to access in our databases Download here >> Paperback:::: 320 pages+++Publisher:::: St. Martins Griffin; First Edition edition (August 16, 2011)+++Language:::: English+++ISBN-10:::: 031257164X+++ISBN-13:::: 978-0312571641+++Product Dimensions::::5.6 x 0.8 x 8.2 inches++++++ ISBN10 031257164X ISBN13 978-0312571 Download here >> Description: A suspenseful memoir from the real life American gangster, Frank LucasIn his own words, Frank Lucas recounts his life as the former heroin dealer and organized crime boss who ran Harlem during the late 1960s and early 1970s. From being taken under the wing of old time gangster Bumpy Johnson, through one of the most successful drug smuggling operations, to being sentenced to seventy years in prison, Original Gangster is a chilling look at the rise and fall of a modern legacy.Frank Lucas realized that in order to gain the kind of success he craved he would have to break the monopoly that the Italian mafia held in New York. So Frank cut out middlemen and began smuggling heroin into the United States directly from his source in the Golden Triangle by using coffins. Making a million dollars per day selling Blue Magic―what was known as the purest heroin on the street―Frank Lucas became one of the most powerful crime lords of his time, while rubbing shoulders with the elite in entertainment, politics, and crime.