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Articles 1 - 30 of 133
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Walking With Shadows And Phantoms: The Presumption Of Innocence And Bail Determinations, Davis Badger Anderson
Walking With Shadows And Phantoms: The Presumption Of Innocence And Bail Determinations, Davis Badger Anderson
Buffalo Law Review
One-hundred and twenty-eight years after “the Supreme Court of the United States had an opportunity to clear up the confusion and ambiguity that hang[s] over the common talk about the presumption of innocence,”1 the confusion persists. This lingering confusion is at its most stringent in federal bail determinations where, despite legislative intent, precedent, and logic to the contrary, it is invoked to discount the weight of the evidence against the defendant in deciding what conditions will secure presence at trial or safety to the community. Furthermore, the presumption’s path from an instrument of proof to its status as a right …
Guide To Bill Of Attainder Clauses In Article I, Sections 9 And 10, Matthew J. Steilen
Guide To Bill Of Attainder Clauses In Article I, Sections 9 And 10, Matthew J. Steilen
Contributions to Books
These are commentaries on the Bill of Attainder Clauses in Article I, sections 9 and 10. Each is 2000 words long. They are forthcoming in the 3d edition of Heritage Guide to the Constitution. Topics covered include the history of English bills of attainder, the meaning of "bill," "notorious," "attainder," and other key terms, bills of attainder passed against loyalists during the American revolution, the Josiah Philips case, the legislative history of the clauses in the Philadelphia Convention, early Supreme Court decisions involving bills of attainder, and the modern doctrine. Inline citations and a short bibliography are included. The author …
Focusing Presidential Clemency Decision-Making, Paul J. Larkin Jr.
Focusing Presidential Clemency Decision-Making, Paul J. Larkin Jr.
Buffalo Law Review
The Article II Pardon Clause grants the President authority to award clemency to any offender. The clause contains only two limitations. The President cannot excuse someone from responsibility for a state offense, nor can he prevent Congress from impeaching and removing a federal official. Otherwise, the President’s authority is plenary. The clause authorizes the President to grant clemency as he sees fit, but the clause does not tell him when he should feel that way.
Historically, Presidents have generally used their authority for legitimate reasons, such as freeing someone who was wrongfully convicted, who is suffering under an unduly onerous …
The Complexities Of Conscience: Reconciling Death Penalty L Aw With Capital Jurors’ Concerns, Meredith Martin Rountree, Mary R. Rose
The Complexities Of Conscience: Reconciling Death Penalty L Aw With Capital Jurors’ Concerns, Meredith Martin Rountree, Mary R. Rose
Buffalo Law Review
Jurors exercise unique legal power when they are asked to decide whether to sentence someone to death. The Supreme Court emphasizes the central role of the jury’s moral judgment in making this sentencing decision, noting that it is the jurors who are best able to “express the conscience of the community on the ultimate question of life or death.” Manylower courts nevertheless narrow the range of admissible evidence at the mitigation phase of a capital trial, insisting on a standard of legal relevance that interferes with the jury’s ability to exercise the very moral judgment the Supreme Court has deemed …
Roper’S Unfinished Business: A New Approach To Young Offender Death Penalty Eligibility, Nichole M. Austin
Roper’S Unfinished Business: A New Approach To Young Offender Death Penalty Eligibility, Nichole M. Austin
Buffalo Law Review
No abstract provided.
The Constitutionalization Of Parole: Fulfilling The Promise Of Meaningful Review, Alexandra Harrington
The Constitutionalization Of Parole: Fulfilling The Promise Of Meaningful Review, Alexandra Harrington
Journal Articles
Almost 12,000 people in the United States are serving life sentences for crimes that occurred when they were children. For most of these people, a parole board will determine how long they will actually spend in prison. Recent Supreme Court decisions have endorsed parole as a mechanism to ensure that people who committed crimes as children are serving constitutionally proportionate sentences with a meaningful opportunity for release. Yet, in many states across the country, parole is an opaque process with few guarantees. Parole decisions are considered “acts of grace” often left to the unreviewable discretion of the parole board.
This …
"The Angels That Surrounded My Cradle": The History, Evolution, And Application Of The Insanity Defense, Eugene M. Fahey, Laura Groschadl, Brianna Weaver
"The Angels That Surrounded My Cradle": The History, Evolution, And Application Of The Insanity Defense, Eugene M. Fahey, Laura Groschadl, Brianna Weaver
Buffalo Law Review
No abstract provided.
Reimagining The Death Penalty: Targeting Christians, Conservatives, Spearit
Reimagining The Death Penalty: Targeting Christians, Conservatives, Spearit
Buffalo Law Review
This Article is an interdisciplinary response to an entrenched legal and cultural problem. It incorporates legal analysis, religious study and the anthropological notion of “culture work” to consider death penalty abolitionism and prospects for abolishing the death penalty in the United States. The Article argues that abolitionists must reimagine their audiences and repackage their message for broader social consumption, particularly for Christian and conservative audiences. Even though abolitionists are characterized by some as “bleeding heart” liberals, this is not an accurate portrayal of how the death penalty maps across the political spectrum. Abolitionists must learn that conservatives are potential allies …
Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends, Hadar Aviram
Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends, Hadar Aviram
Buffalo Law Review
No abstract provided.
Lawful Searches Incident To Unlawful Arrests: A Reform Proposal, Mark A. Summers
Lawful Searches Incident To Unlawful Arrests: A Reform Proposal, Mark A. Summers
Buffalo Law Review
No abstract provided.
Crafted From Whole Cloth: Reverse Stash-House Stings And The Sentencing Factor Manipulation Claim, Molly F. Spakowski
Crafted From Whole Cloth: Reverse Stash-House Stings And The Sentencing Factor Manipulation Claim, Molly F. Spakowski
Buffalo Law Review
Kenneth Flowers is currently serving a mandatory minimum sentence of 120 months imprisonment stemming from a conviction of conspiracy to possess with intent to distribute five or more kilograms of cocaine. While the ten-year prison sentence is very real, the five-kilograms of cocaine is not, and never was. Mr. Flowers was caught-up in one of the elaborate and overused “reverse stash-house sting” operations employed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”).
Mr. Flowers’ story is one of many similar cases resulting from the government operation conducted by the ATF known as a reverse stash-house sting operation. The …
Decarcerating America: The Opportunistic Overlap Between Theory And (Mainly State) Sentencing Practice As A Pathway To Meaningful Reform, Mirko Bagaric, Daniel Mccord
Decarcerating America: The Opportunistic Overlap Between Theory And (Mainly State) Sentencing Practice As A Pathway To Meaningful Reform, Mirko Bagaric, Daniel Mccord
Buffalo Law Review
Criminals engender no community sympathy and have no political capital. This is part of the reason that the United States has the highest prison population on earth, and by a considerable margin. Incarceration levels grew four-fold over the past forty years. Despite this, America is now experiencing an unprecedented phenomenon whereby many states are now simultaneously implementing measures to reduce prison numbers. The unusual aspect of this is that the response is neither coordinated nor consistent in its approach, but the movement is unmistakable. This ground up approach to reducing prison numbers suffers from the misgiving that it is an …
Cash Rules Everything Around The Money Bail System: The Effect Of Cash-Only Bail On Indigent Defendants In America's Money Bail System, Nicholas P. Johnson
Cash Rules Everything Around The Money Bail System: The Effect Of Cash-Only Bail On Indigent Defendants In America's Money Bail System, Nicholas P. Johnson
Buffalo Public Interest Law Journal
No abstract provided.
Thank You All The Same, But I’D Rather Not Be Seized Today: The Constitutionality Of Ruse Checkpoints Under The Fourth Amendment, Nadia B. Soree
Thank You All The Same, But I’D Rather Not Be Seized Today: The Constitutionality Of Ruse Checkpoints Under The Fourth Amendment, Nadia B. Soree
Buffalo Law Review
No abstract provided.
Statutory Constraints And Constitutional Decisionmaking, Anthony O'Rourke
Statutory Constraints And Constitutional Decisionmaking, Anthony O'Rourke
Journal Articles
Although constitutional scholars frequently analyze the relationships between courts and legislatures, they rarely examine the relationship between courts and statutes. This Article is the first to systematically examine how the presence or absence of a statute can influence constitutional doctrine. It analyzes pairs of cases that raise similar constitutional questions, but differ with respect to whether the court is reviewing the constitutionality of legislation. These case pairs suggest that statutes place significant constraints on constitutional decisionmaking. Specifically, in cases that involve a challenge to a statute, courts are less inclined to use doctrine to regulate the behavior of nonjudicial officials. …
The Speedy Trial Right And National Security Detentions: Critical Comments On United States V. Ghailani, Anthony O'Rourke
The Speedy Trial Right And National Security Detentions: Critical Comments On United States V. Ghailani, Anthony O'Rourke
Journal Articles
This article reviews the decision of the United States Court of Appeals for the Second Circuit to uphold the conviction and sentence of Ahmed Khalfan Ghailani, the sole Guantánamo detainee to have been transferred to the United States for trial. Ghailani was captured nearly five years before his arraignment and argued that his constitutional right to a speedy trial was violated by the delay. The article contends that, in rejecting Ghailani’s argument, the Second Circuit distorted the doctrinal framework governing speedy trial claims and mischaracterized the interests that the speedy trial right is intended to protect. The article also explores …
Structural Overdelegation In Criminal Procedure, Anthony O'Rourke
Structural Overdelegation In Criminal Procedure, Anthony O'Rourke
Journal Articles
In function, if not in form, criminal procedure is a type of delegation. It requires courts to select constitutional objectives, and to decide how much discretionary authority to allocate to law enforcement officials in order to implement those objectives. By recognizing this process for what it is, this Article identifies a previously unseen phenomenon that inheres in the structure of criminal procedure decision-making.
Criminal procedure’s decision-making structure, this Article argues, pressures the Supreme Court to delegate more discretionary authority to law enforcement officials than the Court’s constitutional objectives can justify. By definition, this systematic “overdelegation” does not result from the …
You Have The Right To Remain Thirteen: Considering Age In Juvenile Interrogations In J.D.B. V. North Carolina, Nicole J. Ettlinger
You Have The Right To Remain Thirteen: Considering Age In Juvenile Interrogations In J.D.B. V. North Carolina, Nicole J. Ettlinger
Buffalo Law Review
No abstract provided.
Forging Links And Renewing Ties: Applying The Principles Of Restorative And Procedural Justice To Better Respond To Criminal Offenders With A Mental Disorder, Thomas L. Hafemeister, Sharon G. Garner, Veronica E. Bath
Forging Links And Renewing Ties: Applying The Principles Of Restorative And Procedural Justice To Better Respond To Criminal Offenders With A Mental Disorder, Thomas L. Hafemeister, Sharon G. Garner, Veronica E. Bath
Buffalo Law Review
No abstract provided.
Understanding New York's "Mode Of Proceedings" Muddle, Gary Muldoon
Understanding New York's "Mode Of Proceedings" Muddle, Gary Muldoon
Buffalo Law Review
No abstract provided.
The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke
The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke
Journal Articles
Criminal procedure has undergone several well-documented shifts in its doctrinal foundations since the Supreme Court first began to apply the Constitution’s criminal procedure protections to the States. This Article examines the ways in which the political economy of criminal litigation – specifically, the material conditions that determine which litigants are able to raise criminal procedure claims, and which of those litigants’ cases are appealed to the United States Supreme Court – has influenced these shifts. It offers a theoretical framework for understanding how the political economy of criminal litigation shapes constitutional doctrine, according to which an increase in the number …
Considering The Constitutionality Of A Confrontation Clause Exception For Domestic Violence Victims, Thekla Hansen-Young
Considering The Constitutionality Of A Confrontation Clause Exception For Domestic Violence Victims, Thekla Hansen-Young
Buffalo Women's Law Journal
No abstract provided.
New Formula For Peremptory Challenges: Xx=Xy, Susan Y. Soong
New Formula For Peremptory Challenges: Xx=Xy, Susan Y. Soong
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
Guilty Pleas, Meredith Kolsky Lewis
The Confrontation Clause And The Search For Truth In Criminal Trials, Philip Halpern
The Confrontation Clause And The Search For Truth In Criminal Trials, Philip Halpern
Buffalo Law Review
No abstract provided.
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
Buffalo Law Review
No abstract provided.
Section 3142(E) Of The 1984 Bail Reform Act: Rebuttable Presumption Or Mandatory Detention?, Evan Shapiro
Section 3142(E) Of The 1984 Bail Reform Act: Rebuttable Presumption Or Mandatory Detention?, Evan Shapiro
Buffalo Law Review
No abstract provided.
Hypnotically Refreshed Testimony: In Support Of The Emerging Majority And People V. Hughes, Paul G. Harnisch
Hypnotically Refreshed Testimony: In Support Of The Emerging Majority And People V. Hughes, Paul G. Harnisch
Buffalo Law Review
No abstract provided.
Informers Revisited: Government Surveillance Of Domestic Political Organizations And The Fourth And First Amendments, Dolores A. Donovan
Informers Revisited: Government Surveillance Of Domestic Political Organizations And The Fourth And First Amendments, Dolores A. Donovan
Buffalo Law Review
No abstract provided.
Government Intrusion Into The Attorney-Client Relationship: An Interest Analysis Of Rights And Remedies, Philip Halpern
Government Intrusion Into The Attorney-Client Relationship: An Interest Analysis Of Rights And Remedies, Philip Halpern
Buffalo Law Review
No abstract provided.