Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UC Law SF (7)
- American University Washington College of Law (4)
- University of Michigan Law School (4)
- Florida State University College of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
-
- University of Kentucky (2)
- William & Mary Law School (2)
- Brigham Young University Law School (1)
- Brooklyn Law School (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Osgoode Hall Law School of York University (1)
- Roger Williams University (1)
- Seattle University School of Law (1)
- UIC School of Law (1)
- University at Buffalo School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Colorado Law School (1)
- University of Florida Levin College of Law (1)
- University of Georgia School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Washington School of Law (1)
- Keyword
-
- United States Supreme Court (5)
- Miranda v. Arizona (4)
- Confessions (3)
- Fifth Amendment (3)
- Police (3)
-
- Admissibility (2)
- Capital punishment (2)
- Coercion (2)
- Constitution United States v. Clary (2)
- Criminal Justice System (2)
- Criminal procedure (2)
- Death penalty (2)
- Drugs (2)
- Equal Protection (2)
- Evidence (2)
- First Amendment (2)
- New York (2)
- O'Connor (Sandra Day) (2)
- Poisonous Tree Doctrine (2)
- Race (2)
- Racial minorities (2)
- "forced" to proceed pro se (1)
- (decided June 16 (1)
- 1994) (1)
- 5th amendment (1)
- 8th amendment (1)
- Accused (1)
- Acquittal rates (1)
- African Americans (1)
- Alabama (1)
- Publication
-
- UC Law Constitutional Quarterly (7)
- American University Law Review (4)
- Michigan Law Review (3)
- Florida State University Law Review (2)
- Kentucky Law Journal (2)
-
- Touro Law Review (2)
- All Faculty Scholarship (1)
- Articles (1)
- Articles & Chapters (1)
- BYU Law Review (1)
- Circles: Buffalo Women's Journal of Law and Social Policy (1)
- Faculty Scholarship (1)
- Indiana Law Journal (1)
- LLM Theses and Essays (1)
- Law Faculty Scholarship (1)
- Osgoode Hall Law Journal (1)
- Publications (1)
- Seattle University Law Review (1)
- UF Law Faculty Publications (1)
- UIC Law Review (1)
- University of Arkansas at Little Rock Law Review (1)
- Washington International Law Journal (1)
- William & Mary Journal of Race, Gender, and Social Justice (1)
- William & Mary Law Review (1)
- Publication Type
Articles 1 - 30 of 38
Full-Text Articles in Entire DC Network
United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer
United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer
American University Law Review
No abstract provided.
The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton
The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton
American University Law Review
No abstract provided.
The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton
The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton
American University Law Review
No abstract provided.
United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer
United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer
American University Law Review
No abstract provided.
Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz
Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
Citizen Initiatives In Florida: An Analysis Of Florida's Constitutional Initative Process, Issues, And Alternatives, P. K. Jameson, Martha Hosack
Citizen Initiatives In Florida: An Analysis Of Florida's Constitutional Initative Process, Issues, And Alternatives, P. K. Jameson, Martha Hosack
Florida State University Law Review
No abstract provided.
Federal Standards For Sex Offender Registration: Public Disclosure Confronts The Right To Privacy, Catherine A. Trinkle
Federal Standards For Sex Offender Registration: Public Disclosure Confronts The Right To Privacy, Catherine A. Trinkle
William & Mary Law Review
No abstract provided.
Revealing The Constitutional Infirmities Of The "Crime Victims Protection Act," Florida's New Privacy Statute For Sexual Assault Victims, Brett Jarad Berlin
Revealing The Constitutional Infirmities Of The "Crime Victims Protection Act," Florida's New Privacy Statute For Sexual Assault Victims, Brett Jarad Berlin
Florida State University Law Review
No abstract provided.
Cruel And Unusual?: Virginia's New Sex Offender Registration Statute, Elizabeth P. Bruns
Cruel And Unusual?: Virginia's New Sex Offender Registration Statute, Elizabeth P. Bruns
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya
A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya
Indiana Law Journal
No abstract provided.
History's Stories, Stephan Landsman
History's Stories, Stephan Landsman
Michigan Law Review
A Review of Stories of Scottsboro by James Goodman
New Developments In Korean Constitutionalism: Changes And Prospects, Dae-Kyu Yoon
New Developments In Korean Constitutionalism: Changes And Prospects, Dae-Kyu Yoon
Washington International Law Journal
This Essay examines constitutionalism, or the legal expression of democracy. Explanations of Korea's underdeveloped sense of constitutionalism which are rooted in the culture of Confucianism do not provide an adequate explanation of the post-1948 Korean experience. A better model is provided by contrasting the uses of law by prior authoritarian regimes with current political developments including the rising role of entrepreneurial interests in Korean politics.
Chopping Miranda Down To Size, Michael Chertoff
Chopping Miranda Down To Size, Michael Chertoff
Michigan Law Review
A Review of Confessions, Truth, and the Law by Joseph D. Grano
Second Chances: Bill C-72 And The Charter, Isabel Grant
Second Chances: Bill C-72 And The Charter, Isabel Grant
Osgoode Hall Law Journal
This paper examines the legislative response to the Supreme Court of Canada's decision in R. v. Daviault. The author argues that Bill C-72, which limits the defence of extreme intoxication, is constitutional because of its strong underpinnings in equality. The author reviews the statistics on violence against women and the role of intoxication in that violence to illustrate why the defence of intoxication raises issues of sex equality. The author argues that a court assessing the constitutionality of Bill C-72 should consider this strong foundation in equality and the fact that the Bill is the result of a careful balancing …
On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar
On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar
Articles
Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.
Search And Seizure And The Utah Constitution: The Irrelevance Of The Antipolygamy Raids, Paul G. Cassell
Search And Seizure And The Utah Constitution: The Irrelevance Of The Antipolygamy Raids, Paul G. Cassell
BYU Law Review
No abstract provided.
Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow
Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow
Michigan Law Review
In Part I of this article, we examine the global puzzle of the Self-Incrimination Clause and the local confusion or perversion lurking behind virtually every key word and phrase in the clause as now construed. In Part II we elaborate our reading of the clause and show how it clears up the local problems and solves the overall puzzle.
Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven Grossman
Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven Grossman
Kentucky Law Journal
No abstract provided.
Clinic Blockades: What Is The Problem? What Is The Harm? What Is The Solution?, Nona Laplante
Clinic Blockades: What Is The Problem? What Is The Harm? What Is The Solution?, Nona Laplante
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
Constitutional Law—Goodbye Grady! Blockburger Wins The Double Jeopardy Rematch. United States V. Dixon, 113 S. Ct. 2849 (1993)., Phillip Green
Constitutional Law—Goodbye Grady! Blockburger Wins The Double Jeopardy Rematch. United States V. Dixon, 113 S. Ct. 2849 (1993)., Phillip Green
University of Arkansas at Little Rock Law Review
No abstract provided.
Fourth Amendment Protection For Juvenile Probationers In California, Slim Or None: In Re Tyrell J., Lidia Stiglich
Fourth Amendment Protection For Juvenile Probationers In California, Slim Or None: In Re Tyrell J., Lidia Stiglich
UC Law Constitutional Quarterly
The Supreme Court of California recently held in In re Tyrell J. that juvenile probationers are subject to random, suspicionless searches. This Comment analyses in detail the reasoning the court used to distinguish the level of suspicion required for juvenile probationers from that used for the population at large and offers some criticism of that logic. Moreover, Ms. Stiglich explores the rationales for probation and parole in general, and examines legal precedent for searches without probable cause of adult probationers and parolees and the relevance of consent to this analysis. To this end, the author discusses the Bravo, Martinez, and …
Exposing Human Rights Abuses--A Help Or Hindrance To Reconciliation, Richard Goldstone
Exposing Human Rights Abuses--A Help Or Hindrance To Reconciliation, Richard Goldstone
UC Law Constitutional Quarterly
Despite the advent of the "new world order," international human rights violations remain a widespread problem. The propensities for such abuses are seen most recently through the widespread violence and genocide encountered in Yugoslavia and Rwanda. In an effort to address such abuses, the United Nations established the International War Crimes Tribunal for the Balkan States and Rwanda. The chief goals of the Tribunal are to collect data and try those accused of war crimes. Justice Richard Goldstone, the Tobriner lecturer, is the Prosecutor of the Tribunal.
In his lecture, Justice Goldstone describes how "truth commissions" have been used to …
Waiver Of The Right To Appeal, Robert K. Calhoun
Waiver Of The Right To Appeal, Robert K. Calhoun
UC Law Constitutional Quarterly
Current plea bargaining practice increasingly includes a requirement that the defendant waive any right to appeal as a condition of the plea bargain. This relatively new negotiation tactic carries with it the potential for rendering criminal appeals nearly as rare a phenomenon- as criminal trials have become under the old model of plea bargaining. This could move us one step closer to an administrative model of criminal case resolution in which neither factual nor legal issues are resolved by the courts but rather by the parties through a process of negotiation.
This Article argues against this practice, maintaining that it …
When Juries Meet The Press: Rethinking The Jury's Representative Function In Highly Publicized Cases, Kenneth B. Nunn
When Juries Meet The Press: Rethinking The Jury's Representative Function In Highly Publicized Cases, Kenneth B. Nunn
UC Law Constitutional Quarterly
The increasing media saturation of society has altered the traditional roles and function of the jury in criminal trials. In several recent highly-publicized trials, most notably the Reginald Denny beating case, the jurors have been asked to publicly defend and explain their verdicts. In the past, jury verdicts were accepted as legitimate if the jury was representative of their community. Now, however, it seems that a jury must also be representative to their communities.
This new representative function of the jury has profound implications for the more traditional functions of the jury. For example, what effect does the new representative …
New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas
New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas
Touro Law Review
No abstract provided.
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
LLM Theses and Essays
Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …
The Supreme Court Limits The Fifth Amendment Right To Counsel By Requiring Clear Requests--Davis V. United States, Gregory J. Griffith
The Supreme Court Limits The Fifth Amendment Right To Counsel By Requiring Clear Requests--Davis V. United States, Gregory J. Griffith
Kentucky Law Journal
No abstract provided.
Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim
Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim
UIC Law Review
No abstract provided.
Reinterrogation, Marcy Strauss
Reinterrogation, Marcy Strauss
UC Law Constitutional Quarterly
There is no clear delineation under Miranda and Edwards of when the police may reinterrogate a suspect after ordinarily invoking the right to counsel. Logically, the prohibition cannot be indefinite. This would violate the public policy of enabling law enforcement personnel to control crime. The goals of Miranda, Edwards, and related cases establish several factors to be weighed in determining when the prohibition against reinterrogation should end. These include the length of time since the right to counsel was invoked, whether the new crime is related to the one for which the right to counsel was invoked, whether the suspect …