Flipping the Script on Brady
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Juvenile Competency Statutes: a Model for State Legislation
Juvenile Competency Statutes: A Model for State Legislation KELLiE M. JOHNSON* "Many things can wait; the child cannot. Now is the time his bones are being formed, his mind is being developed. To him, we cannot say tomorrow; his name is today."' INTRODUCTION .....................................................................................................1068 I. JUVENILE JUSTICE IN AMERICA: ORIGINS AND TRANSFORMATIONS ............1069 A. A Targeted History of the Juvenile Justice System ...........................1069 B. Transformationof the Juvenile Justice System: In re Gault and Subsequent Legislation............................................ 1070 II. THE ADULT COMPETENCY RIGHT ...............................................................1072 III. JUVENILE COMPETENCY AND THE NEED FOR STATUTORY DEFINITION .......1074 A. Supreme Court Ambiguity and State Power..................................... 1074 B. The Need for State Juvenile Competency Statutes............................ 1075 C. An Example of the Problem: Indiana'sResponse to Juvenile Competency ........................................................................1076 IV. THE ROLE OF DEVELOPMENTAL PSYCHOLOGY AND BIOLOGICAL RESEARCH ......................................................................1077 A. Developmental Psychology and Juvenile Competency ....................1077 B. NIMH Study on Juvenile Biological Brain Development .................1080 V. CURRENT STATE STATUTES AS A GUIDE FOR FUTURE JUVENILE COMPETENCY LEGISLATION ........................................................1081 -
“Salt of the Earth”. Strike Movement in Defense of Workers’ Dignity and the Birth of Female Trade Unionism»
«“SALT OF THE EARTH”. STRIKE MOVEMENT IN DEFENSE OF WORKERS’ DIGNITY AND THE BIRTH OF FEMALE TRADE UNIONISM» Luis Fernando De Castro Mejuto Specialist Judge in social jurisdiction (High Court of Justice of Galicia) Doctor of Laws (Ph. D.) 1.- FILM 1.1.- Original title Salt of the Earth 1.2.- Technical and artistic Year: 1954 Country: United States of America Director: Herbert J. Biberman Production: Adolfo Barela, Sonja Dahl Biberman and Paul Jarrico Screenplay: Michael Biberman and Michael Wilson Photo: Stanley Meredith Leonard Stark and Music: Sol Kaplan Cast: Revueltas Rosaura (Esperanza Quintero), Will Geer (Sheriff), David Wolfe (Barton), Mervin Williams (Hartwell), David Sarvis (Alexander), E. A. Rockwell (Vance), William Rockwell (Kimbrough), Juan Chacón (Ramon Quintero), Henrietta Williams, Ernesto Velasquez, Angela Sanchez, Joe T. Morales, Clorinda Alderette, Charles Coleman, Virginia Jencks, Clinton Jencks (Barnes Franco) and Victor Torres Duration: 94 minutes, w/b Language: English Release Date: 14/03/1954 1.3.- Synopsis 1 With a style similar to documentaries, historical reconstruction, the film narrates the development of a real strike at a mine in the United States in 1951. Working conditions - and treatment- of Mexican workers are much worse than those of Anglo, or more precisely, wasp [white Anglo-Saxon people] workers; against this racial discrimination they begin an indefinite strike with a picket line at the entrance of the mine, to prevent their replacing by strikebreakers. The company tries to cut that action by an injunction prohibiting picketing, without indication about relatives, a fact exploited by the miners’ wives to take ownership and obtain the main objective: corporation sits down and negotiates decent working conditions for Mexican workers and an additional one: the emancipation of women and free of the limited role they have been given so far. -
Swisher V. Brady: Does a Juvenile Court Rehearing on the Record After a Master Has Made Proposed Findings Violate Double Jeopardy Or Due Process?
Maryland Law Review Volume 39 | Issue 2 Article 7 Swisher V. Brady: Does a Juvenile Court Rehearing on the Record After a Master Has Made Proposed Findings Violate Double Jeopardy or Due Process? Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Part of the Constitutional Law Commons Recommended Citation Swisher V. Brady: Does a Juvenile Court Rehearing on the Record After a Master Has Made Proposed Findings Violate Double Jeopardy or Due Process?, 39 Md. L. Rev. 395 (1979) Available at: http://digitalcommons.law.umaryland.edu/mlr/vol39/iss2/7 This Casenotes and Comments is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. SWISHER v. BRADY: DOES A JUVENILE COURT REHEARING ON THE RECORD AFTER A MASTER HAS MADE PROPOSED FINDINGS VIOLATE DOUBLE JEOPARDY OR DUE PROCESS? INTRODUCTION In a series of decisions beginning with the landmark case of In re Gault,1 the Supreme Court has held that many of the constitutional guarantees that protect the rights of adult defendants in criminal cases extend to juvenile court proceedings. 2 Among the guarantees the Court has found applicable under certain circumstances is the fifth amendment protection against double jeopar- dy, as incorporated into the fourteenth amendment.3 This right was again at issue in Swisher v. Brady,' brought to challenge a feature of juvenile proceedings in Maryland. In the Maryland system' masters, 1. -
Appellate Court of Illinois
NO. 4-08-0435 IN THE APPELLATE COURT OF ILLINOIS FOURTH JUDICIAL DISTRICT In re Austin M., a Minor THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee, v. AUSTIN M. Respondent-Appellant On appeal from the Circuit Court of the Eleventh Judicial Circuit, Ford County, Illinois (No. 06- JD-17), the Honorable Stephen R. Pacey, Judge Presiding BRIEF OF JUVENILE LAW CENTER; THE LOYOLA CIVITAS CHILDLAW CENTER; THE CHILDREN AND FAMILY JUSTICE CENTER; THE YOUTH LAW CENTER; AND THE NATIONAL JUVENILE DEFENDER CENTER AS AMICI CURIAE IN SUPPORT OF THE RESPONDENT-APPELLANT Marsha L. Levick Robin Walker Sterling, Esq. Riya Saha Shah, Esq. National Juvenile Defender Center Counsel of Record for Amici 1350 Connecticut Avenue NW Juvenile Law Center Suite 304 1315 Walnut St. Washington, DC 20036 Suite 400 Philadelphia, PA 19107 Corene Kendrick, Esq. (215) 625-0551 Youth Law Center 200 Pine Street Bruce Boyer, Esq. Suite 300 Loyola Civitas ChildLaw Center San Francisco, CA 94104 Loyola University Chicago School of Law 25 E. Pearson Simmie Baer, Esq. Chicago, IL 60611 Children and Family Justice Center Bluhm Legal Clinic Northwestern University School of Law 357 East Chicago Avenue Chicago, IL 60611-3069 TABLE OF CONTENTS POINTS AND AUTHORITIES ......................................................................................... ii INTEREST AND IDENTITY OF AMICI ..........................................................................1 STATEMENT OF FACTS ..................................................................................................1 -
Convert Finding Aid To
Morris Leopold Ernst: An Inventory of His Papers at the Harry Ransom Center Descriptive Summary Creator: Ernst, Morris Leopold, 1888-1976 Title: Morris Leopold Ernst Papers Dates: 1904-2000, undated Extent: 590 boxes (260.93 linear feet), 47 galley folders (gf), 30 oversize folders (osf) Abstract: The career and personal life of American attorney and author Morris L. Ernst are documented from 1904 to 2000 through correspondence and memoranda; research materials and notes; minutes, reports, briefs, and other legal documents; handwritten and typed manuscripts; galley proofs; clippings; scrapbooks; audio recordings; photographs; and ephemera. The papers chiefly reflect the variety of issues Ernst dealt with professionally, notably regarding literary censorship and obscenity, but also civil liberties and free speech; privacy; birth control; unions and organized labor; copyright, libel, and slander; big business and monopolies; postal rates; literacy; and many other topics. Call Number: Manuscript Collection MS-1331 Language: English Note: The Ransom Center gratefully acknowledges the assistance of the National Endowment for the Humanities, which provided funds for the preservation and cataloging of this collection. Access: Open for research Administrative Information Acquisition: Gifts and purchases, 1961-2010 (R549, R1916, R1917, R1918, R1919, R1920, R3287, R6041, G1431, 09-06-0006-G, 10-10-0008-G) Processed by: Nicole Davis, Elizabeth Garver, Jennifer Hecker, and Alex Jasinski, with assistance from Kelsey Handler and Molly Odintz, 2009-2012 Repository: The University of Texas at Austin, Harry Ransom Center Ernst, Morris Leopold, 1888-1976 Manuscript Collection MS-1331 Biographical Sketch One of the most influential civil liberties lawyers of the twentieth century, Morris Ernst championed cases that expanded Americans' rights to privacy and freedom from censorship. -
In the Supreme Court of the State of Delaware Derrick
EFiled: Oct 19 2016 09:16AM EDT Filing ID 59717249 Case Number 310,2016 IN THE SUPREME COURT OF THE STATE OF DELAWARE DERRICK POWELL, Defendant-Appellant, No. 310, 2016 v. On Appeal from the Superior Court of the State of Delaware STATE OF DELAWARE, Cr. ID No. 0909000858 Plaintiff-Appellee. Amended Amicus Brief of Office of the Federal Public Defender for the District of Delaware as Amicus in Support of Appellant OF COUNSEL: Edson A. Bostic MARGOLIS EDELSTEIN Federal Public Defender Herbert W. Mondros, Esq. (#3308) Tiffani D. Hurst 300 Delaware Avenue, Suite 800 First Assistant Federal Public Defender Wilmington, DE 19801 Jenny Osborne Telephone: 302-888-1112 Assistant Federal Public Defender 800 King Street, Suite 200 Wilmington, Delaware 19801 Telephone: 302-573-6010 Dated: October 19, 2016 TABLE OF CONTENTS TABLE OF AUTHORITIES .................................................................................... ii STATEMENT OF INTEREST .................................................................................. 2 INTRODUCTION ..................................................................................................... 3 ARGUMENT ............................................................................................................. 5 I. Regardless of whether this Court classifies the rule in Rauf—that all facts necessary for imposition of death must be found beyond a reasonable doubt—as a new substantive rule or a new watershed procedural rule, the law is well settled that the rule must be applied retroactively ............................................................................................... -
Brady V. Maryland and the Brady Trilogy Lee Sheppard
Journal of Criminal Law and Criminology Volume 72 Article 5 Issue 1 Spring Spring 1981 Disclosure to the Guilty Pleading Defendant: Brady v. Maryland and the Brady Trilogy Lee Sheppard 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 Lee Sheppard, Disclosure to the Guilty Pleading Defendant: Brady v. Maryland and the Brady Trilogy, 72 J. Crim. L. & Criminology 165 (1981) This Comment 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. 0091-4169/81/7201-0165 THEJOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 72, No. 1 Copyright © 1981 by Northwestern University School of Law -inted/nU.S.A. COMMENTS DISCLOSURE TO THE GUILTY PLEADING DEFENDANT: BRADY v. MARYLAND AND THE BRADY TRILOGY I. INTRODUCTION Criminal conviction in this country is achieved largely through plea negotiation, rather than trial. The vast majority of criminal defendants plead guilty in exchange for sentencing concessions.' By pleading guilty, a defendant waives a number of constitutional protections, the most important of which is the right to trial.2 The defendant's act of self-conviction typically consists of two stages. Plea bargaining between the defense and the prosecution is the first and more important stage. These negotiations are informal and totally outside the purview of judges, yet a court will enforce the agreement that the parties have made.3 Plea bargaining is not a situation in which the parties have equal bargaining power. -
United States District Court Eastern District of Michigan Southern Division
2:07-cr-20298-VAR-RSW Doc # 21 Filed 10/01/07 Pg 1 of 6 Pg ID 61 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, No. 07-20298 vs. District Judge Victoria A. Roberts DESHAWN S. JOHNSON, Magistrate Judge R. Steven Whalen / OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR DISCOVERY Before the Court is Defendant’s Combined Pre-Trial Motion for Discovery, Notice of 404(b) Evidence and Brady Materials [Docket #19], which has been referred for hearing and determination pursuant to 28 U.S.C. §636(b)(1)(A). Defendant’s motion is GRANTED IN PART AND DENIED IN PART. I. GENERAL DISCOVERY PRINCIPLES “As opposed to the broad scope of discovery in civil cases, the discovery available to a criminal defendant is relatively constricted, and is generally circumscribed by three rules: (1) Fed.R.Crim.P. 16; (2) The Jencks Act, 18 U.S.C. §3500; and (3) the doctrine set forth in Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). See United States v. Presser, 844 F.2d 1275, 1285, fn. 12 (6th Cir. 1988) (stating that in most criminal prosecutions, these three rules ‘exhaust the universe of discovery to which the defendant is entitled’).” United States v. Hayes, 376 F.Supp.2d 736, 738 (E.D. Mich. -1- 2:07-cr-20298-VAR-RSW Doc # 21 Filed 10/01/07 Pg 2 of 6 Pg ID 62 2005). Rule 16 requires the government to disclose, upon a defendant’s request, any oral, written or recorded statements of the defendant, the defendant’s prior record, any documents or tangible evidence within the government’s possession, custody or control, reports of examinations or tests, and a summary of any expert witness testimony. -
Criminal Discovery in Ohio: “Civilizing” Criminal Rule 16
CRIMINAL DISCOVERY IN OHIO: “CIVILIZING” CRIMINAL RULE 16 Charles L. Grove∗ I. INTRODUCTION ...................................................................................... 143 II. CHANGES – OLD VS. NEW .................................................................... 145 III. CONCLUSION ....................................................................................... 164 I. INTRODUCTION Thus far, there have been 270 people exonerated in the United States through the use of DNA evidence alone.1 There are others who have been wrongfully convicted and will never be exonerated, if for no other reason than DNA evidence simply is or was not available. Sadly, there will be more wrongful convictions. The reasons for this travesty are legion. Obviously, not all wrongful convictions can be blamed on discovery violations; but in fairness, many can.2 The many reasons for wrongful convictions range from honest mistake to deliberate misrepresentation. The idea that one might bear false witness is hardly a new concept. Any change in law regarding discovery rules can have some impact in preventing a wrongful conviction regardless of cause. From the perspective of the defense, the best shield is pretrial preparation, which can only be accomplished if there is meaningful and abundant pretrial discovery. One might argue that despite the best efforts, even going so far as to adopt nearly all the discovery rules employed in civil litigation, not all causes of wrongful conviction would thereby be eliminated. That argument is true, perhaps, especially in the case of deliberate falsehood. Opponents of open discovery in criminal cases might go so far as to suggest that it is readily foreseeable that a greater number of truly guilty will escape punishment. This argument, also, is true. The counter argument is, of ∗ B.A., Wright State University (1978), J.D., University of Dayton (1981). -
Brady Materiality Before Trial: the Scope of the Duty to Disclose and the Right to a Trial by Jury
\\server05\productn\N\NYU\82-6\NYU605.txt unknown Seq: 1 9-NOV-07 14:23 BRADY MATERIALITY BEFORE TRIAL: THE SCOPE OF THE DUTY TO DISCLOSE AND THE RIGHT TO A TRIAL BY JURY CHRISTOPHER DEAL* Brady v. Maryland requires prosecutors to disclose to criminal defendants all mate- rial, favorable evidence in the government’s possession. Evidence is material if its disclosure would have created a reasonable probability of a different verdict. Though materiality may correctly guide appellate courts in deciding when to reverse convictions, the author contends that it is both impractical and unconstitu- tional to ask prosecutors to use materiality as the measure of their disclosure obli- gations before trial. It is impractical because it requires prosecutors convinced of the defendant’s guilt to decide what combination of evidence, if disclosed, would create a reasonable probability of an acquittal at the end of a trial that has yet to begin. It is unconstitutional so long as due process means something other than that which produces the right outcome. This Note suggests that prosecutors should employ a balancing test based on the interaction of Brady disclosure rules and the defendant’s right to a trial by jury to determine when favorable evidence must be disclosed. This balancing test provides prosecutors with a disclosure standard that is simple, constitutional, and compatible with courts’ continued use of the materi- ality standard after trial. INTRODUCTION On January 18, 1997, police found the frozen body of twelve-year- old Darryl Hall in a Washington, D.C. park.1 Three days earlier, Darryl and his older brother had been walking home from school when a group of armed men accosted the two boys and chased them through the streets.2 Although Darryl’s brother managed to escape, the men—members of a rival gang—forced Darryl into a car they had parked in a nearby alley.3 The men took Darryl to a ravine, where * Copyright 2007 by Christopher Deal. -
Grand Jury: a Prosecutor Need Not Present Exculpatory Evidence
Washington and Lee Law Review Volume 38 | Issue 1 Article 9 Winter 1-1-1981 Grand Jury: A Prosecutor Need Not Present Exculpatory Evidence Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Evidence Commons Recommended Citation Grand Jury: A Prosecutor Need Not Present Exculpatory Evidence, 38 Wash. & Lee L. Rev. 110 (1981), https://scholarlycommons.law.wlu.edu/wlulr/vol38/iss1/9 This Note is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. GRAND JURY: A PROSECUTOR NEED NOT PRESENT EXCULPATORY EVIDENCE American prosecutors must perform two often conflicting duties. They must obtain criminal convictions' yet provide fair treatment for persons suspected of crimes.2 The tension between prosecutorial duties frequently arises when a prosecutor selectively presents evidence to a grand jury.' By controlling what a grand jury sees and hears, a skillful prosecutor can often ensure indictment of a prospective defendant.' A prosecutor's discretionary power raises the question whether a pro- secutor has an ethical or legal obligation to divulge exculpatory evidence to a grand jury.' An analysis of a prosecutor's duty to divulge must acknowledge the unique status of the grand jury in American jurisprudence.' According to tradition, grand juries originated with the English King Henry II's Assize of Clarendon in 1166.' Grand juries were originally revenue- J. -
No. ___IN the SUPREME COURT of the UNITED STATES
No. _____ OCTOBER TERM 2018 IN THE SUPREME COURT OF THE UNITED STATES ═════════════════════════════════ CHARLES FINNEY, Petitioner, v. JULIE JONES, Secretary, Florida Department of Corrections, Respondent. ═════════════════════════════════ PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FLORIDA SUPREME COURT ═══════════════════════════ CAPITAL CASE ═══════════════════════════ SUZANNE KEFFER * Florida Bar No. 0150177 CCRC-South 1 EAST BROWARD BLVD. SUITE 444 FORT LAUDERDALE, FL 33301 (954) 713-1284 * Counsel of Record CAPITAL CASE QUESTIONS PRESENTED This Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016) invalidated Florida’s capital sentencing scheme which had been in effect since December 8, 1972. On remand in Hurst v. State, 202 So. 3d 40, 57-58 (Fla. 2016), the Florida Supreme Court took the opportunity to review its capital sentencing scheme and attempt to correct deficiencies which this Court had not reached. Informed by this Court’s ruling in Hurst v. Florida that the Sixth Amendment right to a jury trial required that under Florida’s capital sentencing scheme the jury must be the finder of every fact, and thus every element, necessary for the imposition of the death penalty, the Florida Supreme Court analyzed what those facts were: These necessary facts include, of course, each aggravating factor that the jury finds to be proven beyond a reasonable doubt. However, the imposition of a death sentence in Florida has in the past required, and continues to require, additional factfinding that now must be conducted by the jury…[U]nder Florida law, ‘The death penalty may be imposed only where sufficient aggravating circumstances exist that outweigh mitigating circumstances.’…Thus, before a sentence of death may be considered by the trial court in Florida, the jury must find the existence of the aggravating factors proven beyond a reasonable doubt, that the aggravating factors are sufficient to impose death, and that the aggravating factors outweigh the mitigating circumstances.