Digital Commons Network^™

Criminal Procedure In Perspective, Kit Kinports

Kit Kinports

This Article attempts to situate the Supreme Court's constitutional criminal procedure jurisprudence in the academic debates surrounding the reasonable person standard, in particular, the extent to which objective standards should incorporate a particular individual's subjective characteristics. Analyzing the Supreme Court's search and seizure and confessions opinions, I find that the Court shifts opportunistically from case to case between subjective and objective tests, and between whose point of view - the police officer's or the defendant's - it views as controlling. Moreover, these deviations cannot be explained either by the principles the Court claims underlie the various constitutional provisions at issue …

The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow

Kevin Crow

Why It's Time For Pervasive Surveillance...Of The Police, Russell Dean Covey

Russell D. Covey

No abstract provided.

Maryland Repeals The Death Penalty, But Leaves Five On Death Row: Should The State That Condemned An Innocent Man To Die Commute All Five Death Sentences?, Meredith Pendergrass

Meredith Pendergrass

No abstract provided.

Policing Terrorists In The Community, Sahar F. Aziz

Sahar F. Aziz

Twelve years after the September 11th attacks, countering domestic terrorism remains a top priority for federal law enforcement agencies. Using a variety of reactive and preventive tactics, law enforcement seeks to prevent terrorism before it occurs. Towards that end, community policing developed in the 1990s to combat violent crime in inner city communities is being adopted in counterterrorism as a means of collaborating with Muslim communities and local police to combat “Islamist” homegrown terrorism. Developed in response to paramilitary policing models, community policing is built upon the notion that effective policing requires mutual trust and relationships among law enforcement and …

Prosecutorial Ethics, R. Michael Cassidy

R. Michael Cassidy

This casebook explores the ethical responsibilities of a prosecutor at each stage of the criminal justice process. Focusing on ethical and constitutional constraints on prosecutorial discretion, the texts covers both Supreme Court decisions interpreting Fifth and Sixth Amendment guarantees and state rules of attorney conduct. Topics discussed include a prosecutor’s conduct during criminal investigations, charging decisions, grand jury practice, interviewing and contacting witnesses, plea bargaining, jury selection, trial conduct, and publicity. Each chapter is followed by real-world hypotheticals designed to introduce students to the ethical dilemmas typically encountered by government lawyers in criminal practice. This book is suitable for use …

Victim Impact Statements And Sentencing, Sam Garkawe

Associate Professor Sam Garkawe

Legislation allowing for victim impact statements ('VIS') to be presented during sentencing hearings has been introduced into the criminal justice systems of most common law nations, notwithstanding many reservations from defence lawyers and civil libertarians. Despite such legislation being widespread throughout the common law world, the use of VIS remains controversial. The main purpose of this article is to utilise basic sentencing principles in order to critically analyse the question of whether, and if so, to what extent, VIS are relevant to an offender's sentence. In such cases adequate procedural safeguards need to be instituted to ensure that offender's rights …

Prosecution Without Representation, Douglas L. Colbert

Douglas L. Colbert

Nearly 50 years after the Supreme Court's landmark ruling in Gideon v. Wainwright established indigent defendants' constitutional right to counsel, poor people throughout the country still remain without a lawyer when first appearing before a judicial officer who determines pretrial liberty or bail. Absent counsel, low-income defendants unable to afford bail remain in jail for periods ranging from 3-70 days until assigned counsel appears in-court. Examining Walter Rothgery's wrongful prosecution, the article includes a national survey that informs readers about the limited right to counsel at the initial appearance and the extent of delay in each of the 50 states. …

Constitutional Criminal Procedure And Civil Rights In The Shadow Of The 'War On Terror': A Look At Recent United States Decisions And The Rhetoric Of Terrorism, Charles Weisselberg

Charles D Weisselberg

No abstract provided.