The grand jury possesses an unqualified power to decline to indict - despite probable cause that alleged criminal conduct has occurred. A grand jury might exercise this power, for example, to disagree with the wisdom of a criminal law or its application to a particular defendant. A grand jury might also use its discretionary power to send a message of disapproval regarding biased or unwise prosecutorial decisions or inefficient allocation of law enforcement resources in the community. This ability to exercise discretion on bases beyond the sufficiency of the evidence has been characterized pejoratively as grand jury nullification. The dominant substantive critiques of grand jury nullification attack the grand jury\u27s discretion in this re...
Appellate harmless error review, an early twentieth-century innovation prompted by concerns of effic...
In deciding whether and what to charge in a criminal case, the prosecutor looks to three different f...
For the first 150 years of our constitutional history, a valid grand jury indictment was deemed to b...
The grand jury possesses an unqualified power to decline to indict - despite probable cause that all...
For the first 150 years of our constitutional history, a valid grand jury indictment was deemed to b...
The grand jury is a much maligned organ of the criminal justice system.\u27 Regularly employed in ...
The first part of this Article reviews prior Supreme Court decisions and analyzes the three recent d...
Though it is enshrined in the Constitution, the grand jury is one of the least respected institution...
Though it is enshrined in the Constitution, the grand jury is one of the least respected institution...
Appellate harmless error review, an early twentieth-century innovation prompted by concerns of effic...
This Article advocates for the creation of a Grand Jury Legal Advisor (GJLA) to resurrect the histor...
With the Supreme Court\u27s recent incorporation-in Ramos v. Louisiana of the Sixth Amendment\u27s j...
It seems in retrospect that our grand jury was a microcosm of grand juries generally in that many of...
This Article contends that the federal sentencing guidelines-whether mandatory or discretionary-viol...
It is beyond peradventure that American prosecutors have ple-nary charging discretion in criminal ca...
Appellate harmless error review, an early twentieth-century innovation prompted by concerns of effic...
In deciding whether and what to charge in a criminal case, the prosecutor looks to three different f...
For the first 150 years of our constitutional history, a valid grand jury indictment was deemed to b...
The grand jury possesses an unqualified power to decline to indict - despite probable cause that all...
For the first 150 years of our constitutional history, a valid grand jury indictment was deemed to b...
The grand jury is a much maligned organ of the criminal justice system.\u27 Regularly employed in ...
The first part of this Article reviews prior Supreme Court decisions and analyzes the three recent d...
Though it is enshrined in the Constitution, the grand jury is one of the least respected institution...
Though it is enshrined in the Constitution, the grand jury is one of the least respected institution...
Appellate harmless error review, an early twentieth-century innovation prompted by concerns of effic...
This Article advocates for the creation of a Grand Jury Legal Advisor (GJLA) to resurrect the histor...
With the Supreme Court\u27s recent incorporation-in Ramos v. Louisiana of the Sixth Amendment\u27s j...
It seems in retrospect that our grand jury was a microcosm of grand juries generally in that many of...
This Article contends that the federal sentencing guidelines-whether mandatory or discretionary-viol...
It is beyond peradventure that American prosecutors have ple-nary charging discretion in criminal ca...
Appellate harmless error review, an early twentieth-century innovation prompted by concerns of effic...
In deciding whether and what to charge in a criminal case, the prosecutor looks to three different f...
For the first 150 years of our constitutional history, a valid grand jury indictment was deemed to b...