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Reversible Errors and Errores Juris
FEDERAL CONVICTIONS REVERSED The following is a publication of the Office of the Federal Public Defender for the Northern District of New York. The cases are from United States Courts of Appeal and the United States Supreme Court. The opinions contain at least one point favorable to criminal defendants. The purpose is to give CJA Panel Attorneys a shortcut to case law favoring their clients. All cases should be researched to see if they are still viable. A precedent in one jurisdiction is not necessarily the law elsewhere. None of the cases should be cited without first reviewing the entire opinion. This warning is especially for prisoners and defendants who wish to rely on the cases herein. A one-line summary cannot possibly be sufficient to cite these cases without first reading each. These materials may be duplicated for any lawyer providing legal services to indigent defendants. Duplication is encouraged. These materials may be reprinted by other free publications or free on-line providers serving the criminal defense bar. Attribution to this office is requested. This collection has previously existed as Reversible Errors and Errores Juris. The new name reflects that coverage is now limited to errors overturning federal criminal convictions, not sentences, nor are other aspects of the criminal justice system addressed. There are two reasons. First, it has been difficult to update so many areas of law on a regular basis. Second, federal sentencing law has changed drastically in recent years and it will take time to determine the common bases for reversal among federal jurisdictions. Updates can be found at www .nynd-fpd.org The publications will be distributed by e-mail in Acrobat 8.0. -
The Waste Land of Law School Fiction
BOOK REVIEW The Waste Land Of Law School Fiction Arthur D. Austin* Sad things can happen when an author chooses the wrong subject: first the author suffers, then the reader, and finally the publisher, all to- gether in a tiny whirlpool of pain.' Law schools generate controversy and initiate change. They attract the "best and the brightest" students. 2 They have not, however, received the ultimate measure of recognition-the examination of institutional character through literary fiction. Novels about law school society can be counted on one hand-with a finger and thumb left over.3 They are John Osborn's The Paper Chase,4 Katherine Roome's The Letter of the Law, 5 and Michael Levin's The Socratic Method. 6 None succeed as fic- tion.7 This review focuses on the way each writer uses style, plot, and * Edgar A. Hahn Professor of Jurisprudence, Case Western Reserve University School of Law. 1. Sheed, The Exile, N.Y. REV. oF BooKs, Oct. 27, 1988, at 35, col. 1. 2. Even this causes controversy. Harvard University President Bok claims that the "brain drain" into law schools is "a massive diversion of exceptional talent into pursuits that often add little to the growth of the economy, the pursuit of culture, the enhancement of the human spirit." Lieber- man & Goldstein, Why Have Lawyers Proliferated?, N.Y. Times, Aug. 6, 1986, at A27, col. 1. 3. Novels with legal themes are prevalent. Wigmore's analysis of "legal literature" remains the best introduction to the subject. See Wigmore, A List Of One Hundred Legal Novels, 17 ILL. -
A Quantitative Analysis of Writing Style on the U.S. Supreme Court
Washington University Law Review Volume 93 Issue 6 2016 A Quantitative Analysis of Writing Style on the U.S. Supreme Court Keith Carlson Dartmouth College Michael A. Livermore University of Virginia School of Law Daniel Rockmore Dartmouth College Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Law Commons Recommended Citation Keith Carlson, Michael A. Livermore, and Daniel Rockmore, A Quantitative Analysis of Writing Style on the U.S. Supreme Court, 93 WASH. U. L. REV. 1461 (2016). Available at: https://openscholarship.wustl.edu/law_lawreview/vol93/iss6/6 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. A QUANTITATIVE ANALYSIS OF WRITING STYLE ON THE U.S. SUPREME COURT KEITH CARLSON MICHAEL A. LIVERMORE DANIEL ROCKMORE ABSTRACT This Article presents the results of a quantitative analysis of writing style for the entire corpus of US Supreme Court decisions. The basis for this analysis is the measure of frequency of function words, which has been found to be a useful “stylistic fingerprint” and which we use as a general proxy for the stylistic features of a text or group of texts. Based on this stylistic fingerprint measure, we examine temporal trends on the Court, verifying that there is a “style of the time” and that contemporaneous Justices are more stylistically similar to their peers than to temporally remote Justices. -
Solving the Problem of Innocent People Pleading Guilty
NYCLA JUSTICE CENTER TASK FORCE: SOLVING THE PROBLEM OF INNOCENT PEOPLE PLEADING GUILTY i TABLE OF CONTENTS Page I. INTRODUCTION ............................................................................................................. 1 A. The Existence and Prevalence of the Problem ....................................................... 3 B. Why do Innocent People Plead Guilty? ................................................................. 5 C. Recent, Relevant Criminal Justice Reform Efforts ................................................ 7 1. Bar Reports ................................................................................................ 7 2. Prosecutorial Reform ................................................................................. 8 3. Recent Legislative Amendments to the Criminal Justice System in New York ................................................................................................... 9 II. NYCLA’S JUSTICE CENTER TASK FORCE .............................................................. 11 A. Mission & Composition of Task Force ................................................................ 11 B. The Task Force Process ....................................................................................... 11 C. Topics Studied By The Focus Groups ................................................................. 13 1. Charging ................................................................................................... 13 2. Role of Defense Counsel ........................................................................ -
Law and Literature
Volume 31 Issue 1 Tenth Circuit Judicial Conference (Winter 2001) Winter 2001 Law and Literature Scott Turow Recommended Citation Scott Turow, Law and Literature, 31 N.M. L. Rev. 67 (2001). Available at: https://digitalrepository.unm.edu/nmlr/vol31/iss1/7 This Article is brought to you for free and open access by The University of New Mexico School of Law. For more information, please visit the New Mexico Law Review website: www.lawschool.unm.edu/nmlr LAW AND LITERATURE INTRODUCTORY REMARKS AND PANEL DISCUSSION BY SCOTT TUROW" INTRODUCTORY REMARKS MR. TUROW: The terms "law" and "literature" describe exactly what I've been doing with my life for the last twenty-five years, although the intersection between the two has sometimes been unpredictable for me. Several years ago, before I published Presumed Innocent,' I published a book called One L,2 while I was at Harvard Law School. After that, I went on to become an assistant United States attorney, and near the end of my tenure there I got a phone call from one of the more famous and celebrated members of the criminal defense bar in Chicago -famous and celebrated because his resume included a conviction for subornation of perjury and a term of incarceration at the federal prison at Terre Haute. He had subsequently been readmitted to the bar and one of his convictions had been overturned. The message I got from this lawyer, my frequent opponent, came to me while I was on trial. When I reached him, about a week-and-a-half after he had called me, I asked him what was on his mind. -
Law and Literature: an Unnecessarily Suspect Class in the Liberal Arts Component of the Law School Curriculum
Valparaiso University Law Review Volume 23 Number 3 Spring 1989 pp.267-340 Spring 1989 Law and Literature: An Unnecessarily Suspect Class in the Liberal Arts Component of the Law School Curriculum Elizabeth Villiers Gemmette Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Law Commons Recommended Citation Elizabeth Villiers Gemmette, Law and Literature: An Unnecessarily Suspect Class in the Liberal Arts Component of the Law School Curriculum, 23 Val. U. L. Rev. 267 (1989). Available at: https://scholar.valpo.edu/vulr/vol23/iss3/2 This Article is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Gemmette: Law and Literature: An Unnecessarily Suspect Class in the Libera LAW AND LITERATURE: AN UNNECESSARILY SUSPECT CLASS IN THE LIBERAL ARTS COMPONENT OF THE LAW SCHOOL CURRICULUM ELIZABETH VILLIERS GEMMETTE* Note too that a faithful study of the liberal arts humanizes character and permits it not to be cruel. Ovid, Ex Ponto Ib. ix, 47 I. INTRODUCTION This study began out of an idiosyncratic desire to know if-and if, to what extent-Law and Literature and Law and Psychology were offered within the law school curriculum. During the summer of 1987, question- naires were sent to 175 American Bar Association (ABA) accredited insti- tutions asking for information on -
Statute of Limitation in Federal Criminal Cases: an Overview
Statute of Limitation in Federal Criminal Cases: An Overview Charles Doyle Senior Specialist in American Public Law November 14, 2017 Congressional Research Service 7-5700 www.crs.gov RL31253 Statute of Limitation in Federal Criminal Cases: An Overview Summary A statute of limitations dictates the time period within which a legal proceeding must begin. The purpose of a statute of limitations in a criminal case is to ensure the prompt prosecution of criminal charges and thereby spare the accused of the burden of having to defend against stale charges after memories may have faded or evidence is lost. There is no statute of limitations for federal crimes punishable by death, nor for certain federal crimes of terrorism, nor for certain federal sex offenses. Prosecution for most other federal crimes must begin within five years of the commitment of the offense. There are exceptions. Some types of crimes are subject to a longer period of limitation; some circumstances suspend or extend the otherwise applicable period of limitation. Arson, art theft, certain crimes against financial institutions, and various immigration offenses all carry statutes of limitation longer than the five-year standard. Regardless of the applicable statute of limitations, the period may be extended or the running of the period suspended or tolled under a number of circumstances, such as when the accused is a fugitive or when the case involves charges of child abuse, bankruptcy, wartime fraud against the government, or DNA evidence. Ordinarily, the statute of limitations begins to run as soon as the crime has been completed. Although the federal crime of conspiracy is complete when one of the plotters commits an affirmative act in its name, the period for conspiracies begins with the last affirmative act committed in furtherance of the scheme. -
Standards of Prejudice on Appeal
Appellate Advocacy College 2000 Lecture Standards of Prejudice on Appeal Renee Torres FIRST DISTRICT APPELLATE PROJECT STANDARDS OF REVERSAL on APPEAL in CRIMINAL CASES by Renée E. Torres1 [May 2000] INTRODUCTION 1 These materials incorporate and update “Standards of Review and Prejudice for Instructional Error” by J. Bradley O’Connell & Renée E. Torres (January 1995). FDAP gratefully acknowledges the assistance of Christine Kranich in the preparation of this outline. There are three basic standards of reversal for all criminal cases: (1) automatic reversal (per se) for structural defects in the trial mechanism; (2) reversal unless the State can show that federal constitutional error was harmless beyond a reasonable doubt; and (3) reversal for state law error only if appellant can show a reasonable probability of a better outcome. A fourth category of cases do not fit neatly into one of the first three categories. For some of these, the standard of review – i.e., the standard for determining if error occurred – is also the standard of reversal. That is, if the error occurred, it is reversible without further inquiry into prejudice. For others, once error is demonstrated, prejudice is presumed, but may be rebutted by evidence of harmlessness. This outline sets forth examples of reversible errors in all four categories. Because instructional error can call for reversal under any of the three major standards of reversal, it will be dealt with separately in its own section of this outline rather than as an example under each of the three major headings. I. STRUCTURAL DEFECTS AND REVERSAL PER SE "Structural defect" is a relatively new term for an old concept--error which is reversible per se. -
Prosecutors, Prejudices and Justice: Observations on Presuming Innocence in Popular Culture and Law
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Louisiana State University: DigitalCommons @ LSU Law Center Louisiana State University Law Center LSU Law Digital Commons Journal Articles Faculty Scholarship 2003 Prosecutors, Prejudices and Justice: Observations on Presuming Innocence in Popular Culture and Law Christine Corcos Louisiana State University Law Center, [email protected] Follow this and additional works at: https://digitalcommons.law.lsu.edu/faculty_scholarship Part of the Law Commons Repository Citation Corcos, Christine, "Prosecutors, Prejudices and Justice: Observations on Presuming Innocence in Popular Culture and Law" (2003). Journal Articles. 254. https://digitalcommons.law.lsu.edu/faculty_scholarship/254 This Article is brought to you for free and open access by the Faculty Scholarship at LSU Law Digital Commons. It has been accepted for inclusion in Journal Articles by an authorized administrator of LSU Law Digital Commons. For more information, please contact [email protected]. PROSECUTORS, PREJUDICES AND JUSTICE: OBSERVATIONS ON PRESUMING INNOCENCE IN POPULAR CULTURE AND LAW Christine Alice Corcos • HE rhetoric surrounding the proposed trials of suspected al-Qaeda members Tfor the September 11, 2001 atrocities, as well as the barely suppressed anger . of congressional representatives over formerEnron executive Kenneth Lay's refusal to testify before them, should not surprise anyone who has read Scott Turow's Presumed Innocent, or any of the other books and films that question the presumption of innocence. Indeed, as Turow points out, the presumption of innocence could be considered one of the American legal system's dirtiest little secrets: try as we might, we really have a great deal of trouble accepting that those who are accused might not be guilty, and that the burden of proof lies not with the defendant to exonerate himself but with the prosecution to convict him. -
Plea Bargains Only for the Guilty
Law & Economics Working Papers Law & Economics Working Papers Archive: 2003-2009 University of Michigan Law School Year 2004 Plea Bargains Only for the Guilty Oren Gazal∗ Oren Bar-Gilly ∗University of Michigan Law School, [email protected] yHarvard Law School, John M. Olin Center for Law, Economics and Business; and Harvard University, The Society of Fellows, [email protected] This paper is posted at University of Michigan Law School Scholarship Repository. http://repository.law.umich.edu/law econ archive/art30 Gazal and Bar-Gill: UNIVERSITY OF MICHIGAN JOHN M. OLIN CENTER FOR LAW & ECONOMICS PLEA BARGAINS ONLY FOR THE GUILTY OREN GAZAL & OREN BAR-GILL PAPER #04-016 THIS PAPER CAN BE DOWNLOADED WITHOUT CHARGE AT: MICHIGAN JOHN M. OLIN WEBSITE HTTP://WWW.LAW.UMICH.EDU/CENTERSANDPROGRAMS/OLIN/PAPERS.HTM Published by University of Michigan Law School Scholarship Repository, 2004 1 Law & Economics Working Papers Archive: 2003-2009, Art. 30 [2004] PLEA BARGAINS ONLY FOR THE GUILTY Oren Bar-Gill* and Oren Gazal** Abstract A major concern with plea bargains is that innocent defendants will be induced to plead guilty. This paper argues that the law can address this concern by providing prosecutors with incentives to select cases in which the probability of guilt is high. By restricting the permissible sentence reduction in a plea bargain the law can preclude plea bargains in cases where the probability of conviction is low (L cases). The prosecutor will therefore be forced to – (1) select fewer L cases and proceed to trial with these cases; or (2) select more cases with a higher probability of conviction (H cases) that can be concluded via a less-costly plea bargain. -
Reversible Error Issue New York and Vermont
The BACK BENCHER Seventh Circuit Federal Defenders Vol. No. 21 Reversible Error Issue New York and Vermont. His column is evidence that, even in the harsh environment of today’s federal courts, DEFENDER’S MESSAGE zealous advocates are ensuring the rights of their clients through the engine of reversible error. We should strive to Reversible error is the sword and shield of every criminal do the same. defense lawyer. At trial, the criminal defense lawyer can preemptively protect his client from prejudice by bringing As part of our continuing effort to help fulfill this the potential for reversible error to the attention of the trial exhortation, a number of continuing legal education judge, thereby preventing an error before it occurs. On opportunities are on the horizon for our panel attorneys. appeal, knowledge of what constitutes reversible error Three national CJA training programs are scheduled for allows the defense lawyer to retroactively shield his client this year at the following locations and dates: Kansas City, from the effects of impermissible prosecutorial blows MO on May 18-20; Boston, MA on July 6-8; and San already suffered. But reversible error is more than a Antonio, TX on September 21-23. An application for weapon in the arsenal of the criminal defense lawyer; it is these programs is attached to the back of this issue of The also an engine for change. Landmark decisions such as Back Bencher. Incidentally, I have preliminarily accepted Gideon v. Wainwright Brady v. , 372 U.S. 335 (1963) and an offer to speak at each of these programs. -
Ordinary Heroes
FARRAR, STRAUS AND GIROUX READING GROUP GUIDE ORDINARY HEROES by Scott Turow “Ordinary Heroes is a beautifully wrought, finely achieved reconstruction of an elusive, clandestine life—a World War II life, as it happens—by Scott Turow at the very top of 384 pages • 0-374-18421-6 his form. So, be warned: a book to start on a Friday night.” —Alan Furst, author of Dark Voyage ABOUT THIS GUIDE The questions and discussion topics that follow are designed to enhance your read- ing of Scott Turow’s Ordinary Heroes. We hope they will enrich your experience of this mesmerizing novel and the frontlines it brings to life. Greg Martin INTRODUCTION Courts of law have set the stage in each of Scott Turow’s bestselling books. With Ordinary Heroes, Turow introduces an attorney who is operating in a new setting and period—on the killing fields of World War II’s European theater, under highly unusual circumstances. A JAG lawyer assigned to a case in which the enemy may prove to be his own government, with no law office and no research library, David Dubin is ordered to bring a fellow soldier to justice. Ordinary Heroes is narrated by Kindle County journalist Stewart Dubinsky (whom readers may recognize from some of Turow’s previous novels) and by Stewart’s father. Stewart discovers an unexpected chapter of family lore after the death of his father, David Dubin, who Americanized the surname that Stewart later reclaimed. Through wartime letters, military archives, and eventually the notes for a memoir that Dubin wrote in prison, Stewart pieces together the secret history of his father’s clandestine actions, which led to his court-martial.