Product Details
Retroactivity: Are Convictions Ever Final
Cost CLE Credits Topics
$50.00 1.0 Appellate Practice
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Presented By : Tung Yin, J.D.
Date: 31 May 2020

MCLE Accreditation: This training has been approved for 1 general MCLE credit by the State Bar of California and Oregon State Bar.  The training may be eligible for MCLE credit in other states; a certificate of attendance will be available after the program.
Duration:  65 minutes (1.0 credit)
Original Program Date: Wednesday, May 31, 2017

Presenter: Tung Yin, J.D., Professor of Law, Lewis & Clark Law School. Professor Yin's bio is available here.

Description: When the United States Supreme Court issues a decision―such as Miranda v. Arizona―announcing a new rule of law and overturning a criminal defendant's conviction, did that rule apply retroactively, calling into question the conviction of all other prisoners whose convictions were flawed by the same constitutional violation? Surprisingly, the Supreme Court didn't start to address retroactivity until the 1960s. Despite seeming to settle the issue in Teague v. Lane in 1989, the Court issued more retroactivity decisions, and even Congress got involved with the issue in the Antiterrorism and Effective Death Penalty Act of 1996. This program will provide an overview of this area of law and discuss how lower courts resolve the issue of retroactivity. Understanding this complex area of law can inform effective victims' rights advocacy.  

For a certificate of attendance following viewing, please email navra@lclark.edu with your name, the training title, and the attendance codes from the bottom right-hand corner of the slides in the video.


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