Add to ORKGEver since In re Winship in 1970, it is well settled that the Due Process Clause requires a jury to find “proof beyond a reasonable doubt of every fact necessary to constitute the crime.” But as axiomatic as this holding may seem, the distinction between necessary facts of a crime and “mere means” of its commission has confounded courts for years. The Supreme Court, recognizing the need to re-address such an important issue, attempted to provide some guidance in this area through two landmark cases decided just before the turn of the twenty first century: Schad v. Arizona and Richardson v. United States. It failed. This pernicious problem is sown into the very fabric of the American legal system. It is therefore imperative that courts, adri...
Historically, the American legal system has accorded juries wide discretion to impose sentences in t...
The Framers placed a high premium on jury independence and viewed the jury\u27s ability to dispense ...
The American jury, once heralded as “the great corrective of law in its actual administration,” has ...
This article describes the myriad ways in which misconduct by jurors can contaminate a trial and ver...
Criminal juries have an uncertain task. While we tout their constitutional role\u27 in our justice s...
This Article presents an evidentiary theory of substantive criminal law according to which sanctions...
In recent decades, the potential for factual disagreement among convicting jurors has emerged as a p...
The practical disappearance of the jury trial ranks among the most widely examined topics in America...
Criminal trials today are as much about the adequacy and legitimacy of the defendant’s accusers—poli...
At trial, defendants are afforded a panoply of rights right to counsel, to proof beyond a reasonable...
This article explores questions related to the emergence of the jury\u27s new representative functio...
Indeed, it is difficult to prove one\u27s innocence, and the legal system purports not to require de...
When the Framers drafted the Sixth Amendment and provided that the accused in a criminal case would ...
This article examines two aspects of the jury system that have attracted far less attention from sch...
(the) Supreme Court\u27s Sixth and Seventh Amendment jurisprudence has not created a more expansive ...
Historically, the American legal system has accorded juries wide discretion to impose sentences in t...
The Framers placed a high premium on jury independence and viewed the jury\u27s ability to dispense ...
The American jury, once heralded as “the great corrective of law in its actual administration,” has ...
This article describes the myriad ways in which misconduct by jurors can contaminate a trial and ver...
Criminal juries have an uncertain task. While we tout their constitutional role\u27 in our justice s...
This Article presents an evidentiary theory of substantive criminal law according to which sanctions...
In recent decades, the potential for factual disagreement among convicting jurors has emerged as a p...
The practical disappearance of the jury trial ranks among the most widely examined topics in America...
Criminal trials today are as much about the adequacy and legitimacy of the defendant’s accusers—poli...
At trial, defendants are afforded a panoply of rights right to counsel, to proof beyond a reasonable...
This article explores questions related to the emergence of the jury\u27s new representative functio...
Indeed, it is difficult to prove one\u27s innocence, and the legal system purports not to require de...
When the Framers drafted the Sixth Amendment and provided that the accused in a criminal case would ...
This article examines two aspects of the jury system that have attracted far less attention from sch...
(the) Supreme Court\u27s Sixth and Seventh Amendment jurisprudence has not created a more expansive ...
Historically, the American legal system has accorded juries wide discretion to impose sentences in t...
The Framers placed a high premium on jury independence and viewed the jury\u27s ability to dispense ...
The American jury, once heralded as “the great corrective of law in its actual administration,” has ...