Miscarriages of Justice in Capital Cases Samuel R
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
N.2 Definition of Conviction April 2019
Immigrant Legal Resource Center, www.ilrc.org § N.2 Definition of Conviction April 2019 § N.2 Definition of Conviction Table of Contents I. Definition of Conviction; Limited Effect of Rehabilitative Relief II. When Rehabilitative Relief Works: DACA and Lujan-Armendariz III. Not a Conviction: Pretrial Diversion under Cal Pen C § 1000 (2018) IV. Former California DEJ and Pen C § 1203.43 V. Not a Conviction: Juvenile Delinquency DisPositions VI. Not a Conviction: California Infractions? VII. Not a Conviction: Direct APPeal of Right? VIII. Not a Conviction: Vacation of Judgment for Cause IX. Convictions: Court Martial; Not Guilty By Reason of Insanity How to Avoid or Eliminate a “Conviction” for Immigration PurPoses Most (although not all) immigration consequences relating to crimes require a conviction, as defined by federal immigration law, not state law. If your noncitizen client does not have a conviction for immigration purposes, their immigration case might be saved. This section discusses which dispositions in California criminal courts amount to a conviction for immigration purposes, and how to avoid or eliminate a conviction. Warning: Immigration Consequences Even Without a Conviction. Some immigration penalties are triggered by evidence of conduct or findings, even absent a conviction. A noncitizen might be found inadmissible if immigration authorities have evidence that the person engaged in prostitution1 or ever participated in drug trafficking or money laundering.2 The person might be inadmissible or deportable if they are or were a drug addict or abuser.3 Even a civil finding that a noncitizen violated a domestic violence stay-away order, in any way, makes the person deportable.4 In those situations, avoiding a conviction is a good step, but will not necessarily protect the person. -
Consequences of Failing to Admit Guilt at Parole Hearings Daniel S
MEDWED_TRANSMITTED.DOC2 2/26/2008 1:51 PM The Innocent Prisoner’s Dilemma: Consequences of Failing to Admit Guilt at Parole Hearings Daniel S. Medwed∗ INTRODUCTION ....................................................................................... 493 I. THE THEORY AND PRACTICE OF PAROLE ................................................ 497 A. HISTORICAL ORIGINS AND PURPOSES OF PAROLE ................................ 497 B. PAROLE RELEASE DECISION-MAKING: CONTEMPORARY STANDARDS AND POLICIES .................................................................................... 504 II. THE EFFECT OF PAROLE RELEASE DECISION-MAKING NORMS ON THE INNOCENT ............................................................................................... 513 A. PAROLE: AN INNOCENCE OPTION OF LAST RESORT ............................. 518 B. PRESSURE ON INNOCENT INMATES TO “ADMIT” GUILT ........................ 523 III. ADMISSIONS OF GUILT AND THE PAROLE RELEASE DECISION RECONSIDERED ....................................................................................... 529 A. THE DANGER OF ASSUMING THE LITIGATION PROCESS ACCURATELY FILTERS THE GUILTY FROM THE INNOCENT ......................................... 530 B. POTHOLES ON THE PATH TO REDEMPTION THROUGH THE PAROLE PROCESS ........................................................................................... 532 IV. SUGGESTIONS FOR REFORM .................................................................... 541 A. LIMITATIONS ON THE SUBSEQUENT USE OF STATEMENTS FROM PAROLE HEARINGS ........................................................................... -
A Federal Criminal Case Timeline
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement negotiations and changes in law. This timeline, however, will hold true in the majority of federal felony cases in the Eastern District of Virginia. Initial appearance: Felony defendants are usually brought to federal court in the custody of federal agents. Usually, the charges against the defendant are in a criminal complaint. The criminal complaint is accompanied by an affidavit that summarizes the evidence against the defendant. At the defendant's first appearance, a defendant appears before a federal magistrate judge. This magistrate judge will preside over the first two or three appearances, but the case will ultimately be referred to a federal district court judge (more on district judges below). The prosecutor appearing for the government is called an "Assistant United States Attorney," or "AUSA." There are no District Attorney's or "DAs" in federal court. The public defender is often called the Assistant Federal Public Defender, or an "AFPD." When a defendant first appears before a magistrate judge, he or she is informed of certain constitutional rights, such as the right to remain silent. The defendant is then asked if her or she can afford counsel. If a defendant cannot afford to hire counsel, he or she is instructed to fill out a financial affidavit. This affidavit is then submitted to the magistrate judge, and, if the defendant qualifies, a public defender or CJA panel counsel is appointed. -
Episode Fourteen: Legal Process Hello, and Welcome to the Death
Episode Fourteen: Legal Process Hello, and welcome to the Death Penalty Information Center’s podcast exploring issues related to capital punishment. In this edition, we will discuss the legal process in death penalty trials and appeals. How is a death penalty trial different from other trials? There are several differences between death penalty trials and traditional criminal proceedings. In most criminal cases, there is a single trial in which the jury determines whether the defendant is guilty or not guilty. If the jury returns a verdict of guilty, the judge then determines the sentence. However, death penalty cases are divided into two separate trials. In the first trial, juries weigh the evidence of the crime to determine guilt or innocence. If the jury decides that the defendant is guilty, there is a second trial to determine the sentence. At the sentencing phase of the trial, jurors usually have only two options: life in prison without the possibility of parole, or a death sentence. During this sentencing trial, juries are asked to weigh aggravating factors presented by the prosecution against mitigating factors presented by the defense. How is a jury chosen for a death penalty trial? Like all criminal cases, the jury in a death penalty trial is chosen from a pool of potential jurors through a process called voir dire. The legal counsel for both the prosecution and defense have an opportunity to submit questions to determine any possible bias in the case. However, because the jury determines the sentence in capital trials, those juries must also be “death qualified,” that is, able to impose the death penalty in at least some cases. -
Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders
Introductory Handbook on The Prevention of Recidivism and the Social Reintegration of Offenders CRIMINAL JUSTICE HANDBOOK SERIES Cover photo: © Rafael Olivares, Dirección General de Centros Penales de El Salvador. UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders CRIMINAL JUSTICE HANDBOOK SERIES UNITED NATIONS Vienna, 2018 © United Nations, December 2018. All rights reserved. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. Preface The first version of the Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders, published in 2012, was prepared for the United Nations Office on Drugs and Crime (UNODC) by Vivienne Chin, Associate of the International Centre for Criminal Law Reform and Criminal Justice Policy, Canada, and Yvon Dandurand, crimi- nologist at the University of the Fraser Valley, Canada. The initial draft of the first version of the Handbook was reviewed and discussed during an expert group meeting held in Vienna on 16 and 17 November 2011.Valuable suggestions and contributions were made by the following experts at that meeting: Charles Robert Allen, Ibrahim Hasan Almarooqi, Sultan Mohamed Alniyadi, Tomris Atabay, Karin Bruckmüller, Elias Carranza, Elinor Wanyama Chemonges, Kimmett Edgar, Aida Escobar, Angela Evans, José Filho, Isabel Hight, Andrea King-Wessels, Rita Susana Maxera, Marina Menezes, Hugo Morales, Omar Nashabe, Michael Platzer, Roberto Santana, Guy Schmit, Victoria Sergeyeva, Zhang Xiaohua and Zhao Linna. -
The Myth of the Presumption of Innocence
Texas Law Review See Also Volume 94 Response The Myth of the Presumption of Innocence Brandon L. Garrett* I. Introduction Do we have a presumption of innocence in this country? Of course we do. After all, we instruct criminal juries on it, often during jury selection, and then at the outset of the case and during final instructions before deliberations. Take this example, delivered by a judge at a criminal trial in Illinois: "Under the law, the Defendant is presumed to be innocent of the charges against him. This presumption remains with the Defendant throughout the case and is not overcome until in your deliberations you are convinced beyond a reasonable doubt that the Defendant is guilty."' Perhaps the presumption also reflects something more even, a larger commitment enshrined in a range of due process and other constitutional rulings designed to protect against wrongful convictions. The defense lawyer in the same trial quoted above said in his closings: [A]s [the defendant] sits here right now, he is presumed innocent of these charges. That is the corner stone of our system of justice. The best system in the world. That is a presumption that remains with him unless and until the State can prove him guilty beyond2 a reasonable doubt. That's the lynchpin in the system ofjustice. Our constitutional criminal procedure is animated by that commitment, * Justice Thurgood Marshall Distinguished Professor of Law, University of Virginia School of Law. 1. Transcript of Record at 13, People v. Gonzalez, No. 94 CF 1365 (Ill.Cir. Ct. June 12, 1995). 2. -
The “Radical” Notion of the Presumption of Innocence
EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY THE “RADICAL” MAY 2020 Tracey Meares, NOTION OF THE Justice Collaboratory, Yale University Arthur Rizer, PRESUMPTION R Street Institute OF INNOCENCE The Square One Project aims to incubate new thinking on our response to crime, promote more effective strategies, and contribute to a new narrative of justice in America. Learn more about the Square One Project at squareonejustice.org The Executive Session was created with support from the John D. and Catherine T. MacArthur Foundation as part of the Safety and Justice Challenge, which seeks to reduce over-incarceration by changing the way America thinks about and uses jails. 04 08 14 INTRODUCTION THE CURRENT STATE OF WHY DOES THE PRETRIAL DETENTION PRESUMPTION OF INNOCENCE MATTER? 18 24 29 THE IMPACT OF WHEN IS PRETRIAL WHERE DO WE GO FROM PRETRIAL DETENTION DETENTION HERE? ALTERNATIVES APPROPRIATE? TO AND SAFEGUARDS AROUND PRETRIAL DETENTION 33 35 37 CONCLUSION ENDNOTES REFERENCES 41 41 42 ACKNOWLEDGEMENTS AUTHOR NOTE MEMBERS OF THE EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 04 THE ‘RADICAL’ NOTION OF THE PRESUMPTION OF INNOCENCE “It was the smell of [] death, it was the death of a person’s hope, it was the death of a person’s ability to live the American dream.” That is how Dr. Nneka Jones Tapia described the Cook County Jail where she served as the institution’s warden (from May 2015 to March 2018). This is where we must begin. EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 05 THE ‘RADICAL’ NOTION OF THE PRESUMPTION OF INNOCENCE Any discussion of pretrial detention must Let’s not forget that Kalief Browder spent acknowledge that we subject citizens— three years of his life in Rikers, held on presumed innocent of the crimes with probable cause that he had stolen a backpack which they are charged—to something containing money, a credit card, and an iPod that resembles death. -
The Retributive Philosophies of Executive Clemency
IS THERE JUSTICE IN MERCY? THE RETRIBUTIVE PHILOSOPHIES OF EXECUTIVE CLEMENCY Gina N. Gibbs Thesis Prepared for the Degree of MASTER OF SCIENCE UNIVERSITY OF NORTH TEXAS May 2013 APPROVED: Peggy Tobolowsky, Co-Major Professor and Chair of the Department of Criminal Justice Chad. R. Trulson, Co-Major Professor Adam Trahan, Committee Member Thomas Evenson, Dean of the College of Public Affairs and Community Service Mark Wardell, Dean of the Toulouse Graduate School Gibbs, Gina N. Is There Justice in Mercy? The Retributive Philosophies of Executive Clemency. Master of Science (Criminal Justice), May 2013, 85 pp., 9 tables. Executive clemency is assumed to be a mechanism to correct miscarriages of justice brought about by the criminal justice system, yet little empirical research exists to confirm this assumption. This research study examined the types of rationales cited in 799 cases of executive clemency from six states from 2005 to 2012. Rationales based upon retributive philosophies, in which a miscarriage of justice was cited, were further analyzed. This analysis revealed that only seven percent of all clemency decisions from the examined states cited retributive rationales. Of the fifty-six grants of clemency that cited retributive rationales, most were granted in the forms of pardons. The analysis indicated that executive clemency is utilized as a mechanism to correct injustices, specifically in cases of innocence. This study concludes with a discussion of policy implications and the reliance on executive clemency as a fail-safe to the criminal justice system. Copyright 2013 by Gina N. Gibbs ii ACKNOWLEDGMENTS First and foremost, I would like to thank my mother and father. -
Civil Dispositive Motions: a Basic Breakdown
Civil Dispositive Motions: A Basic Breakdown 1) Simplified Timeline: Motion for 12(b)(6) Motions JNOV** Summary Judgment Motions* Motion for New Trial Motion Motion for D.V. for D.V. (Rul 10 days Discovery and Mediation Plaintiff‟s Defendant‟s Evidence Evidence Process Complaint Trial Jury‟s Entry of Judgment Filed Begins Verdict * Defendant may move at any time. Plaintiff must wait until 30 days after commencement of action. **Movant must have moved for d.v. after close of evidence. 2) Pre-Trial Motions: Rule 12(b)(6) and Summary Judgment A. Rule 12(b)(6) Motions to Dismiss 1. Challenge the sufficiency of the complaint on its face. Movant asks the court to dismiss the complaint for “failure to state a claim upon which relief may be granted.” 2. Standard: The court may grant the motion if the allegations in the complaint are insufficient or defective as a matter of law in properly stating a claim for relief. For example: a) The complaint is for fraud, which requires specific pleading, but a required element of fraud is not alleged. 1 b) The complaint alleges breach of contract, but incorporates by reference (and attaches) a contract that is unenforceable as a matter of law. c) The complaint alleges a claim against a public official in a context in which that official has immunity as a matter of law. 3. The court only looks at the complaint (and documents incorporated by reference). a) If the court looks outside the complaint, the motion is effectively converted to a summary judgment and should be treated under the provisions of Rule 56. -
Death-Penalty-Pakistan
Report Mission of Investigation Slow march to the gallows Death penalty in Pakistan Executive Summary. 5 Foreword: Why mobilise against the death penalty . 8 Introduction and Background . 16 I. The legal framework . 21 II. A deeply flawed and discriminatory process, from arrest to trial to execution. 44 Conclusion and recommendations . 60 Annex: List of persons met by the delegation . 62 n° 464/2 - January 2007 Slow march to the gallows. Death penalty in Pakistan Table of contents Executive Summary. 5 Foreword: Why mobilise against the death penalty . 8 1. The absence of deterrence . 8 2. Arguments founded on human dignity and liberty. 8 3. Arguments from international human rights law . 10 Introduction and Background . 16 1. Introduction . 16 2. Overview of death penalty in Pakistan: expanding its scope, reducing the safeguards. 16 3. A widespread public support of death penalty . 19 I. The legal framework . 21 1. The international legal framework. 21 2. Crimes carrying the death penalty in Pakistan . 21 3. Facts and figures on death penalty in Pakistan. 26 3.1. Figures on executions . 26 3.2. Figures on condemned prisoners . 27 3.2.1. Punjab . 27 3.2.2. NWFP. 27 3.2.3. Balochistan . 28 3.2.4. Sindh . 29 4. The Pakistani legal system and procedure. 30 4.1. The intermingling of common law and Islamic Law . 30 4.2. A defendant's itinerary through the courts . 31 4.2.1. The trial . 31 4.2.2. Appeals . 31 4.2.3. Mercy petition . 31 4.2.4. Stays of execution . 33 4.3. The case law: gradually expanding the scope of death penalty . -
Rules of Executive Clemency
RULES OF EXECUTIVE CLEMENCY TABLE OF CONTENTS RULES: 1. STATEMENT OF POLICY 2. ADMINISTRATION 3. PAROLE AND PROBATION 4. CLEMENCY I. Types of Clemency A. Full Pardon B. Pardon Without Firearm Authority C. Pardon for Misdemeanor D. Commutation of Sentence E. Remission of Fines and Forfeitures F. Specific Authority to Own, Possess, or Use Firearms G. Restoration of Civil Rights in Florida II. Conditional Clemency 5. ELIGIBILITY A. Pardons B. Commutations of Sentence C. Remission of Fines and Forfeitures D. Specific Authority to Own, Possess, or Use Firearms E. Restoration of Civil Rights under Florida Law 6. APPLICATIONS A. Application Forms B. Required Supporting Documents C. Optional Supporting Documents D. Applicant Responsibility E. Failure to Meet Requirements F. Notification 7. APPLICATIONS REFERRED TO THE FLORIDA COMMISSION ON OFFENDER REVIEW 8. COMMUTATION OF SENTENCE A. Request for Review B. Referral to the Florida Commission on Offender Review C. Notification D. § 944.30 Cases E. Domestic Violence Case Review 9. AUTOMATIC RESTORATION OF CIVIL RIGHTS UNDER FLORIDA LAW WITHOUT A HEARING FOR FELONS WHO HAVE COMPLETED ALL TERMS OF SENTENCE PURSUANT TO AMENDMENT 4 AS DEFINED IN § 98.0751(2)(a), Fla. Stat. (2020) A. Criteria for Eligibility B. Action by Clemency Board C. Out-of-State or Federal Convictions 10. RESTORATION OF CIVIL RIGHTS UNDER FLORIDA LAW WITH A HEARING FOR FELONS WHO HAVE NOT COMPLETED ALL TERMS OF SENTENCE PURSUANT TO AMENDMENT 4 AS DEFINED IN § 98.0751(2)(a), Fla. Stat. (2020) A. Criteria for Eligibility B. Out-of-State or Federal Convictions 11. HEARINGS BY THE CLEMENCY BOARD ON PENDING APPLICATIONS A. -
Motions to Suppress May 2018.Pdf
MOTIONS TO SUPPRESS Michael O’Foghludha Resident Superior Court Judge, District 14 Advanced Criminal Procedure Seminar May 29, 2018 PROCEDURE: Governed entirely by statute. N.C.G.S. 15A-971 et seq. A motion to suppress is the exclusive method of challenging evidence obtained against the defendant in an alleged unlawful manner. The conduct must violate the defendant’s rights, not the rights of another. State action is required, not the act of a private party. Suppression can be granted because of a constitutional violation, or a substantial violation of defendant’s statutory rights. The latter is subject to a good faith exception. Under the 4th amendment, evidence will not necessarily be suppressed if officers rely in good faith on a warrant issued by a judicial official. Our North Carolina Supreme Court has not recognized a good faith exception the exclusionary rule under the North Carolina constitution. (Compare U.S. v. Leon 468 US 897 (1984) with State v. Carter 322 NC 709 (1988). Practice Tip: Cite both the U.S. and N.C. Constitutions if you are going to suppress the evidence. Section 20 of the North Carolina Constitution is roughly equal to the 4th amendment) Statutory factors to consider are enumerated in N.C.G.S. 15A-974(2): - The extent of deviation from lawful conduct; – the willfulness of the conduct; –the deterrent effect of suppression; –the importance of the interest violated; Even considering all these factors, the evidence shall not be suppressed (under the statute only) if the officer acted under an objectively reasonable, good faith belief that the actions were lawful.