Paul Marcus

William & Mary Law School

Haynes Professor of Law

South Henry Street

P.O. Box 8795

Williamsburg, VA 23187-8795

United States

  • William & Mary Law School

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    • Tel: 757-221-3900
    • Fax: 757-221-3261
SCHOLARLY PAPERS

25

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Scholarly Papers (25)

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1.

A Tale of Two (and Possibly Three) Atkins: Intellectual Disability and Capital Punishment Twelve Years after The Supreme Court's Creation of a Categorical Bar

William & Mary Bill of Rights, Vol. 23, 2014, William & Mary Law School Research Paper No. 9-294
Number of pages: 23 Posted: 16 Jan 2015 Last Revised: 21 Jan 2015
John H. Blume, Sheri Lynn Johnson, Paul Marcus and Emily C. Paavola
Cornell Law School, Cornell Law School, William & Mary Law School and Cornell Law School
Downloads 718 (32,595)

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Atkins, Intellectually Disabled Defendants, Capital Punishment

2.

Australia and the United States: Two Common Criminal Justice Systems Uncommonly at Odds

Downloads 588 ( 42,559)

Australia and the United States: Two Common Criminal Justice Systems Uncommonly at Odds

Number of pages: 92 Posted: 17 Dec 2003
Vicki C. Waye and Paul Marcus
University of South Australia - School of Law and William & Mary Law School
Downloads 466 (56,591)

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Comparative Criminal Procedure

Australia and the United States: Two Common Criminal Justice Systems Uncommonly at Odds

Tulane Journal of International & Comparative Law, Vol. 12, No. 1, 2004, William & Mary Law School Research Paper No. 09-79
Number of pages: 91 Posted: 04 Mar 2011
Paul Marcus and Vicki C. Waye
William & Mary Law School and University of South Australia - School of Law
Downloads 122 (219,911)

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evidence, interrogation, entrapment defense, Australia, United States, comparative law

3.

The Right to Counsel in Criminal Cases, A National Crisis

Hastings Law Journal, Vol. 57, No. 6, p. 1031, 2005-2006, William & Mary Law School Research Paper No. 09-92
Number of pages: 101 Posted: 29 Mar 2011
Paul Marcus and Mary Sue Backus
William & Mary Law School and University of Oklahoma College of Law
Downloads 338 (83,803)
Citation 3

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prosecute, criminal, defendant, plea, counsel, reform, indigent, and representation

4.

A Comparative Look at Plea Bargaining in Australia, Canada, England, New Zealand, and the United States.

William & Mary Law Review, Vol. 57, 2016
Number of pages: 79 Posted: 04 May 2016
Paul Marcus, Carol Brook, Bruno Fiannaca, David John Harvey, Jenny McEwan and Renee Pomerance
William & Mary Law School, Federal Defender Program for the Northern District of Illinois, Supreme Court of Western Australia, University of Auckland, University of Exeter and Ontario Superior Court of Justice
Downloads 228 (127,373)

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plea bargaining, comparative criminal procedure

5.

Judges Talking to Jurors in Criminal Cases: Why U.S. Judges Do it so Differently from Just About Everyone Else

Downloads 186 (154,317)

Judges Talking to Jurors in Criminal Cases: Why U.S. Judges Do it so Differently from Just About Everyone Else

Arizona Journal of International and Comparative Law, Vol. 30, No. 1, 2013, William & Mary Law School Research Paper No. 09-259
Number of pages: 64 Posted: 13 Sep 2013
Paul Marcus
William & Mary Law School
Downloads 120 (222,741)

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criminal procedure, comparative criminal justice, jury instructions

Judges Talking to Jurors in Criminal Cases: Why U.S. Judges Do It so Differently from Just About Everyone Else

Revista Forumul Judecatorilor, no.1, 2014
Number of pages: 44 Posted: 11 Sep 2014
Paul Marcus
William & Mary Law School
Downloads 66 (327,763)

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jurors, criminal cases, jury instructions, relation between judges and jurors, common-law

6.

Correcting Deadly Confusion: Responding to Jury Inquiries in Capital Cases

Downloads 176 (162,125)
Citation 3

Correcting Deadly Confusion: Responding to Jury Inquiries in Capital Cases

Number of pages: 63 Posted: 05 Jan 2000
Stephen P. Garvey, Sheri Lynn Johnson and Paul Marcus
Cornell Law School, Cornell Law School and William & Mary Law School
Downloads 130 (209,440)
Citation 3

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Correcting Deadly Confusion: Responding to Jury Inquiries in Capital Cases

Cornell Law Review, Vol. 85, No. 3, 1999-2000, William & Mary Law School Research Paper No. 09-81
Number of pages: 30 Posted: 04 Mar 2011
Paul Marcus, Stephen P. Garvey and Sheri Lynn Johnson
William & Mary Law School, Cornell Law School and Cornell Law School
Downloads 46 (390,129)
Citation 3

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Weeks, Angelone, capital, sentencing, jury, death, aggravating, fators, penality, mitigating, evidence, and instruction

Correcting Deadly Confusion: Responding to Jury Inquiries in Capital Cases

Cornell Law Review, Vol. 85, March 2000
Posted: 14 Apr 2000
Stephen P. Garvey, Sheri Lynn Johnson and Paul Marcus
Cornell Law School, Cornell Law School and William & Mary Law School

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7.

Conspiracy: The Criminal Agreement in Theory and in Practice

Georgetown Law Journal, Vol. 65, No. 4, 1977, William & Mary Law School Research Paper No. 09-82
Number of pages: 46 Posted: 04 Mar 2011
Paul Marcus
William & Mary Law School
Downloads 167 (169,818)

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conspiracy, doctrine, prosecution, court, and charge

8.

Australia and the United States: Two Common Criminal Justice Systems Uncommonly at Odds Part 2

Downloads 151 (184,862)

Australia and the United States: Two Common Criminal Justice Systems Uncommonly at Odds Part 2

Tulane Journal of International & Comparative Law, Vol. 18, No. 2, 2010, William & Mary Law School Research Paper No. 09-78
Number of pages: 68 Posted: 04 Mar 2011
Paul Marcus and Vicki C. Waye
William & Mary Law School and University of South Australia - School of Law
Downloads 151 (185,244)

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Australia, United States, common law, adversary, advocate, presumption, innocence, appeal, evidence, exclusion, interrogation, entrapment, defense, plea bargaining, double jeopardy, and punishment

Australia and the United States: Two Common Criminal Justice Systems, Uncommonly at Odds, Part 2

Tulane Journal of International & Comparative Law, Forthcoming
Posted: 16 Nov 2009
Vicki C. Waye and Paul Marcus
University of South Australia - School of Law and William & Mary Law School

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9.

Criminal Conspiracy Law: Time to Turn Back from an Ever Expanding, Ever More Troubling Area

William & Mary Bill of Rights, Vol. 1, No. 1, 1992, William & Mary Law School Research Paper No. 09-77
Number of pages: 46 Posted: 01 Mar 2011
Paul Marcus
William & Mary Law School
Downloads 142 (194,463)
Citation 1

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criminal, conspiracy, conspirator, evidence, punishment, and mega-trials

10.

The Due Process Defense in Entrapment Cases: The Journey Back

American Criminal Law Review, Vol. 27, No. 3, p. 457, 1990, William & Mary Law School Research Paper No. 09-89
Number of pages: 17 Posted: 24 Mar 2011
Paul Marcus
William & Mary Law School
Downloads 128 (211,213)

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entrapment, defense, due process, criminals, defendant, government

11.

Limiting Disclosure of Rape Victim’s Identities

Southern California Law Review, Vol. 64, No. 4, 1990-1991, William & Mary Law School Research Paper No. 09-84
Number of pages: 38 Posted: 19 Mar 2011
Paul Marcus and Tara L. McMahon
William & Mary Law School and affiliation not provided to SSRN
Downloads 116 (227,439)

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rape, sexual assult, impact, media, privacy, disclosure, victims, and First Amendment

12.

Capital Punishment in the United States and Beyond

Melbourne Univeristy Law Review, Vol. 31, No. 3, 2007, William & Mary Law School Research Paper No. 09-76
Number of pages: 37 Posted: 01 Mar 2011
Paul Marcus
William & Mary Law School
Downloads 105 (244,150)

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capital, punishment, penalty, procedure, China, defendant, conviction

13.

It’s Not Just About 'Miranda': Determining the Voluntariness of Confessions in Criminal Prosecutions

Valparaiso University Law Review, Vol. 40, No. 3, 2006, William & Mary Law School Research Paper No. 09-86
Number of pages: 45 Posted: 19 Mar 2011
Paul Marcus
William & Mary Law School
Downloads 95 (261,226)

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Miranda, due process, interrogation, voluntary, totality, circumstances, deception, threat, age, intelligence

14.

Are Virginia Capital Jurors Any Different from the Rest?

William and Mary Law Review, Vol. 44, April 2003
Number of pages: 41 Posted: 14 Nov 2002
Stephen P. Garvey and Paul Marcus
Cornell Law School and William & Mary Law School
Downloads 81 (288,494)

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15.

Presenting, Back from the [Almost] Dead, the Entrapment Defense

Downloads 77 (297,245)

Presenting, Back from the [Almost] Dead, the Entrapment Defense

Florida Law Review, Vol. 47, No. 2, 1995, William & Mary Law School Research Paper No. 09-85
Number of pages: 42 Posted: 19 Mar 2011
Paul Marcus
William & Mary Law School
Downloads 77 (300,213)
Citation 1

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induce, crime, conviction, predisposition, entrapment, defense, Sherman, Jacobson, government, threat

Presenting, Back from the [Almost] Dead, the Entrapment Defense

University of Florida Law Review, Vol. 47, No. 2 (1996).
Posted: 15 Oct 1996
Paul Marcus
William & Mary Law School

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16.

Forum on Attorney’s Fees in Copyright Cases: Are We Running Through the Jungle Now or Is the Old Man Still Stuck Down the Road?

William & Mary Law Review, Vol. 39, No. 1, p. 65, 1997, William & Mary Law School Research Paper No. 09-88
Number of pages: 35 Posted: 24 Mar 2011
Paul Marcus and David Nimmer
William & Mary Law School and Irell & Manella LLP
Downloads 52 (363,697)

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copyright, infringement, attorney, fee, Fogerty, court

17.

Does Atkins Make A Difference in Non-Capital Cases? Should It?

William & Mary Bill of Rights, Vol. 23, 2014, William & Mary Law School Research Paper No. 09-293
Number of pages: 39 Posted: 16 Jan 2015
Paul Marcus
William & Mary Law School
Downloads 48 (376,609)

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Atkins, capital punishment, intellectually disabled defendants

18.

The Crime of Conspiracy Thrives in Decisions of the United States Supreme Court

Kansas Law Review, Vol. 64, 2015
Number of pages: 37 Posted: 24 Mar 2017
Paul Marcus
William & Mary Law School
Downloads 46 (383,152)

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criminal conspiracy

19.

The Miranda Custody Requirement and Juveniles

Tennessee Law Review, Vol. 85, No. 253, 2018
Number of pages: 52 Posted: 25 May 2018
Paul Marcus
William & Mary Law School
Downloads 45 (386,564)

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Juveniles, Miranda, Custody, Interrogation, Criminal Law, Criminal Procedure

20.

Why the United States Supreme Court Got Some [But Not a Lot] of the Sixth Amendment Right to Counsel Analysis Right

St. Thomas Law Review, Vol. 21, No. 2, p. 142, 2009, William & Mary Law School Research Paper No. 09-91
Number of pages: 49 Posted: 29 Mar 2011
Paul Marcus
William & Mary Law School
Downloads 45 (386,564)

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poor, indigent, Sixth Amendment, assistance, trial, lawyer, right, competency, counsel

21.

A Return to the 'Bright Line Rule' of Miranda

William & Mary Law School Research Paper No. 09-90, William & Mary Law Review, Vol. 35, No. 1, 1993-1994
Number of pages: 55 Posted: 29 Mar 2011
Paul Marcus
William & Mary Law School
Downloads 41 (400,712)

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Miranda, intent, Escobedo, bright line rule, interrogation, warnings, rights, protections, and waiver

22.

State Constitutional Protection for Defendants in Criminal Prosecutions

William & Mary Law School Research Paper No. 09-80, Arizona State Law Journal, Vol. 20, No. 1, 1988
Number of pages: 30 Posted: 06 Mar 2011
Paul Marcus
William & Mary Law School
Downloads 36 (420,115)

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defendants, criminal prosecutions, state constitutions, constitutional law, judge

23.

Re-Evaluating Large Multiple-Defendant Criminal Prosecutions

William & Mary Bill of Rights, Vol. 11, No. 1, p. 67, 2002, William & Mary Law School Research Paper No. 09-70
Number of pages: 57 Posted: 11 Feb 2011 Last Revised: 30 Mar 2011
Paul Marcus
William & Mary Law School
Downloads 31 (440,641)

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multiple-defendants, criminal behavior, group activity, and prosecution

24.

The United States Supreme Court (Mostly) Gives Up Its Review Role with Ineffective Assistance of Counsel Cases

Minnesota Law Review, Vol. 100, 2016, William & Mary Law School Research Paper No. 09-353
Number of pages: 25 Posted: 28 Mar 2017
Paul Marcus
William & Mary Law School
Downloads 22 (486,144)

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Ineffective assistance of counsel

25.

Forum on Attorney's Fees in Copyright Infringement Cases: Are We Running Through the Jungle or is the Old Man Still Stuck Down the Road?

William & Mary Law Review, Vol. 39, No. 1 (1997).
Posted: 15 Sep 1997
David Nimmer and Paul Marcus
Irell & Manella LLP and William & Mary Law School

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