Vincent Puglisi was a criminal defendant
who was charged with the brutal murder of Alan Shalleck.
30) The indigent criminal defendant
has nothing to lose by appealing and no incentive to internalize the cost of either counsel's or the court's time.
Dortch,(24) the Seventh Circuit concluded that a criminal defendant
can waive his right to the exclusionary provisions of the plea statement Rules prior to entering into plea negotiations with a prosecutor.
1) Criminal defendants
are entitled only to the discovery that is available to them through Rule 16 of the Federal Rules of Criminal Procedure.
The court placed special emphasis on the differences between regular tort liability for real-practice and malpractice in the context of a criminal case and the constitutional protections available to the criminal defendant
In short, the Model Code opposes life-story fee contracts because it believes that a criminal defendant
is entitled to "counsel whose allegiance .
This sort of appeal to a higher power is not uncommon among criminal defendants
, particularly those who are up against the greatest odds.
After all, if the rule of lenity is meant (at least in part) to ensure that potential criminal defendants
are put on notice about the illegality of their actions, (28) then if the courts are not clear about the interpretive method they are using, criminal defendants
risk being left in the dark not only about the meaning of a state's substantive laws, but also about how the courts will decide how to decide what the law means.
In a 5-2 decision, Pennsylvania Supreme Court justices ruled that any criminal defendant
with mental impairments short of being legally defined as "mentally retarded," can be executed for capital offenses, reported Law.
15) Likewise, the Court left unclear when "spontaneous declarations" could be used as evidence against a criminal defendant
United States, the United States Supreme Court found that the Constitution allows for governmental administration of antipsychotic drugs involuntarily to a mentally ill criminal defendant
in order to render the defendant competent to stand trial for nonviolent but serious crimes, in limited circumstances.
In its Gideon (10) decision the Court corrected this long-standing injustice and held that the appointment of a lawyer for a criminal defendant
who could not afford a lawyer was constitutionally required.