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Articles 31 - 60 of 161
Full-Text Articles in Entire DC Network
Defending And Despairing: The Agony Of Juvenile Defense, Abbe Smith
Defending And Despairing: The Agony Of Juvenile Defense, Abbe Smith
Nevada Law Journal
No abstract provided.
The Impact Of Joinder And Severance On Federal Criminal Cases: An Empirical Study, Andrew D. Leipold, Hossein A. Abbasi
The Impact Of Joinder And Severance On Federal Criminal Cases: An Empirical Study, Andrew D. Leipold, Hossein A. Abbasi
Vanderbilt Law Review
Dave is in trouble. It was bad enough to be arrested for bank robbery; now he has learned that the prosecutor plans to join the current charge with three other, unrelated bank robberies and present all four counts in a single trial. To his priest and to his lawyer, Dave admits that he committed the first and the second robberies, but he did not commit the third or fourth. Dave is smart enough to realize, however, that once the jury starts hearing evidence of some of the crimes-all of which will sound quite similar-his ability to cast doubt on the …
Reasonable Suspicion And Mere Hunches, Craig S. Lerner
Reasonable Suspicion And Mere Hunches, Craig S. Lerner
Vanderbilt Law Review
In Terry v. Ohio, Earl Warren held that police officers could temporarily detain a suspect, provided that they relied upon "specific, reasonable inferences," and not simply upon an "inchoate and unparticularized suspicion or 'hunch."' Since Terry, courts have strained to distinguish "reasonable suspicion," which is said to arise from the cool analysis of objective and particularized facts, from "mere hunches," which are said to be subjective, generalized, unreasoned and therefore unreliable. Yet this dichotomy between facts and intuitions is built on sand. Emotions and intuitions are not obstacles to reason, but indispensable heuristic devices that allow people to process diffuse, …
Death Penalty Law, Holly Geerdes, Nikki Cox
Death Penalty Law, Holly Geerdes, Nikki Cox
Mercer Law Review
This Article surveys fifteen death penalty decisions of the United States Supreme Court from June 1, 2004 through June 20, 2005. It was written as a companion to Death Penalty Law, a survey of death penalty decisions of the Georgia Supreme Court from June 1, 2004 through May 31, 2005. Focusing on the Court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not concern holdings in capital cases that are common to other criminal appeals.
Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum
Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum
American University Law Review
No abstract provided.
Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum
Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum
American University Law Review
No abstract provided.
Use Of The Drug Pavulon In Lethal Injections: Cruel And Unusual, Casey Lynne Ewart
Use Of The Drug Pavulon In Lethal Injections: Cruel And Unusual, Casey Lynne Ewart
William & Mary Bill of Rights Journal
No abstract provided.
Choice, Consent, And Cycling: The Hidden Limitations Of Consent, Leo Katz
Choice, Consent, And Cycling: The Hidden Limitations Of Consent, Leo Katz
Michigan Law Review
Most legal scholars assume that if V consents to allow D to do something to him, such consent makes D's actions legally and morally acceptable. To be sure, they are willing to make an exception when consent is given under a specified list of conditions: Force, fraud, incompetence, third-party effects, unequal bargaining power, commodification, paternalism - all of these may be grounds for rejecting the validity of V's consent. We might call scholars who take this view of consent quasi-libertarians. In this Article, I argue against the quasi-libertarian view of consent. My central claim is that the validity of consent …
American Indians, Crime, And The Law, Kevin K. Washburn
American Indians, Crime, And The Law, Kevin K. Washburn
Michigan Law Review
This Article evaluates the federal Indian country criminal justice regime, not against norms of Indian law and policy, but against those of criminal law and policy. Specifically, this Article evaluates the federal constitutional norms that lie at the heart of American criminal justice and that are designed to ensure the legitimacy of federal criminal trials. Toward that end, Part I presents a critical description of key facets of the federal Indian country criminal justice system. Part II begins the critical evaluation by evaluating a key institutional player in the federal system, the federal prosecutor. It highlights the handicaps faced by …
The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard E. Redding
The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard E. Redding
American University Law Review
Brain-damaged defendants are seen everyday in American courtrooms, and in many cases, their criminal behavior appears to be the product of extremely poor judgment and self-control. Some have a disorder in the frontal lobes, the area of the brain responsible for judgment and impulse control. Yet because defendants suffering from frontal lobe dysfunction usually understand the difference between right and wrong, they are unable to avail themselves of the only insanity defense available in many states, a defense based on the narrow McNaghten test. "Irresistible impulse" (or "control") tests, on the other hand, provide an insanity defense to those who …
Chapter 721: Providing Sex Offenders' Conviction And Release Dates To The Public, Laura Friedman
Chapter 721: Providing Sex Offenders' Conviction And Release Dates To The Public, Laura Friedman
McGeorge Law Review
No abstract provided.
Codifying The Status Quo: Chapter 18 Admits Retired Officers' Hearsay Testimony At Preliminary Hearings, Breann Marie Handley
Codifying The Status Quo: Chapter 18 Admits Retired Officers' Hearsay Testimony At Preliminary Hearings, Breann Marie Handley
McGeorge Law Review
No abstract provided.
Protecting Human Rights In California's Detention Facilities: The Sexual Abuse In Detention Elimination Act Of 2005, Heather L. Mccray
Protecting Human Rights In California's Detention Facilities: The Sexual Abuse In Detention Elimination Act Of 2005, Heather L. Mccray
McGeorge Law Review
No abstract provided.
Chapter 484: From Home Detention To Gps Monitoring, Patricia L. Eichar
Chapter 484: From Home Detention To Gps Monitoring, Patricia L. Eichar
McGeorge Law Review
No abstract provided.
Chapter 635: Allowing Arrested Parents To Arrange For Childcare, Laura Friedman
Chapter 635: Allowing Arrested Parents To Arrange For Childcare, Laura Friedman
McGeorge Law Review
No abstract provided.
Cole's Law Confronts Constitutional Issues: Expanding The Availability Of Closed-Circuit Child Testimony In The Face Of The Confrontation Clause, Sophia Rowlands
Cole's Law Confronts Constitutional Issues: Expanding The Availability Of Closed-Circuit Child Testimony In The Face Of The Confrontation Clause, Sophia Rowlands
McGeorge Law Review
No abstract provided.
Pregnant Behind Bars: Chapter 608 And California's Reformation Of The Medical Care And Treatment Of Pregnant Inmates, Heather L. Mccray
Pregnant Behind Bars: Chapter 608 And California's Reformation Of The Medical Care And Treatment Of Pregnant Inmates, Heather L. Mccray
McGeorge Law Review
No abstract provided.
Interplay Investigating: Chapter 133 And Disclosure Of Rape Suspect Exams, Breann Marie Handley
Interplay Investigating: Chapter 133 And Disclosure Of Rape Suspect Exams, Breann Marie Handley
McGeorge Law Review
No abstract provided.
One Case For An Independent Federal Judiciary: Prison Reform Litigation Spurs Structural Change In California, James D. Maynard
One Case For An Independent Federal Judiciary: Prison Reform Litigation Spurs Structural Change In California, James D. Maynard
McGeorge Law Review
No abstract provided.
Making Sense Of Apprendi And Its Progeny, Erwin Chemerinsky
Making Sense Of Apprendi And Its Progeny, Erwin Chemerinsky
McGeorge Law Review
No abstract provided.
Slouching Toward Booker And Beyond - The Court Embraces And Rejects The Role Of Juries At Sentencing, Diane E. Courselle
Slouching Toward Booker And Beyond - The Court Embraces And Rejects The Role Of Juries At Sentencing, Diane E. Courselle
McGeorge Law Review
No abstract provided.
Prosecutorial Discretion In The Post-Booker World, Norman C. Bay
Prosecutorial Discretion In The Post-Booker World, Norman C. Bay
McGeorge Law Review
No abstract provided.
Duty To Avoid Disparity: Implementing 18 U.S.C. Sec. 3553(A)(6) After Booker, The, Michael M. O'Hear
Duty To Avoid Disparity: Implementing 18 U.S.C. Sec. 3553(A)(6) After Booker, The, Michael M. O'Hear
McGeorge Law Review
No abstract provided.
Freedom To Sentence: District Courts After Booker, The, Deborah Young
Freedom To Sentence: District Courts After Booker, The, Deborah Young
McGeorge Law Review
No abstract provided.
White Collar Crime Sentences After Booker: Was The Sentencing Of Bernie Ebbers Too Harsh?, Peter J. Henning
White Collar Crime Sentences After Booker: Was The Sentencing Of Bernie Ebbers Too Harsh?, Peter J. Henning
McGeorge Law Review
No abstract provided.
Restorative Justice In Federal Sentencing: An Unexpected Benefit Of Booker?, Erik Luna, Barton Paulson
Restorative Justice In Federal Sentencing: An Unexpected Benefit Of Booker?, Erik Luna, Barton Paulson
McGeorge Law Review
No abstract provided.
Gender-Related Issues In A Post-Booker Federal Guidelines World, Myrna S. Raeder
Gender-Related Issues In A Post-Booker Federal Guidelines World, Myrna S. Raeder
McGeorge Law Review
No abstract provided.
Observations: Sentencing Guideline Law And Practice In A Post-Booker World, Frank C. Damrell Jr.
Observations: Sentencing Guideline Law And Practice In A Post-Booker World, Frank C. Damrell Jr.
McGeorge Law Review
No abstract provided.
Perceptions Of Crime: A Multidimensional Analysis With Implications For Law And Psychology, Jeremy A. Blumenthal
Perceptions Of Crime: A Multidimensional Analysis With Implications For Law And Psychology, Jeremy A. Blumenthal
McGeorge Law Review
No abstract provided.
Legitimizing Error, Rebecca E. Woodman
Legitimizing Error, Rebecca E. Woodman
Michigan Law Review First Impressions
Since Furman v. Georgia, the Supreme Court has sought to harmonize competing constitutional demands under Eighth Amendment rules regulat-ing the two-step eligibility and selection stages of the capital decision-making process. Furman’s demand for rationality and consistency requires that, at the eligibility stage, the sentencer’s discretion be limited and guided by clear and objective fact-based standards that rationally narrow the class of death-eligible defendants. The selection stage requires a determination of whether a specific death-eligible defendant actually deserves that punish-ment, as distinguished from other death-eligible defendants. Here, fundamental fairness and respect for the uniqueness of the individual are the cornerstones of …