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The Tesla Meets The Fourth Amendment, Adam M. Gershowitz
The Tesla Meets The Fourth Amendment, Adam M. Gershowitz
BYU Law Review
Can police search a smart car’s computer without a warrant? Although the Supreme Court banned warrantless searches of cell phones incident to arrest in Riley v. California, the Court left the door open for warrantless searches under other exceptions to the warrant requirement. This is the first article to argue that the Fourth Amendment’s automobile exception currently permits the police to warrantlessly dig into a vehicle’s computer system and extract vast amounts of cell phone data. Just as the police can rip open seats or slash tires to search for drugs under the automobile exception, the police can warrantlessly extract …
The Trouble With Time Served, Kimberly Kessler Ferzan
The Trouble With Time Served, Kimberly Kessler Ferzan
BYU Law Review
Every jurisdiction in the United States gives criminal defendants "credit" against their sentence for the time they spend detained pretrial. In a world of mass incarceration and overcriminalization that disproportionately impacts people of color, this practice appears to be a welcome mechanism for mercy and justice. In fact, how ever, crediting detainees for time served is perverse. It harms the innocent. A defendant who is found not guilty, or whose case is dismissed, gets nothing. Crediting time served also allows the state to avoid internalizing the full costs of pretrial detention, thereby making overinclusive detention standards less expensive. Finally, crediting …
Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire
Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire
BYU Law Review
In Samson v. California, the Supreme Court upheld warrantless, suspicionless searches for parolees. That determination was controversial both because suspicionless searches are, by definition, anathema to the Fourth Amendment, and because they arguably undermine parolees’ rehabilitation. Less attention has been given to the fact that the implications of the case were not limited to parolees. The opinion in Samson included half a sentence of dicta that seemingly swept probationers into its analysis, implicating the rights of millions of additional people in the United States. Not only is analogizing parolees and probationers not logically sound because the two groups differ in …
Rights Without A Remedy: Detained Immigrants And Unlawful Conditions Of Confinement, Brandon Galli-Graves
Rights Without A Remedy: Detained Immigrants And Unlawful Conditions Of Confinement, Brandon Galli-Graves
BYU Law Review
No abstract provided.
The Parishioner & The Probationer: Make Probation Non-Profit Again, James Rex Lee
The Parishioner & The Probationer: Make Probation Non-Profit Again, James Rex Lee
BYU Law Review
No abstract provided.
The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen
The Costs Of Separation: Incarcerated Mothers And The Socioeconomic Benefits Of Community-Based Alternatives For Nonviolent Offenders, Rahgan Jensen
Brigham Young University Journal of Public Law
No abstract provided.
Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen
Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen
BYU Law Review
No abstract provided.
Re-Victimization Of Domestic Violence Victims, Angela De La Garza
Re-Victimization Of Domestic Violence Victims, Angela De La Garza
Brigham Young University Journal of Public Law
No abstract provided.
Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders
Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders
Brigham Young University Journal of Public Law
No abstract provided.
Hands Up At Home: Militarized Masculinity And Police Officers Who Commit Intimate Partner Abuse, Leigh Goodmark
Hands Up At Home: Militarized Masculinity And Police Officers Who Commit Intimate Partner Abuse, Leigh Goodmark
BYU Law Review
The deaths of Michael Brown and Eric Garner and the almost daily news stories about abusive and violent police conduct are currently prompting questions about the appropriate use of force by police officers. Moreover, the history of police brutality directed towards women is well-documented. Most of that literature, however, captures the violence that police do in their public capacity as officers of the state. This Article examines the violence and abuse perpetrated by police in their private lives, against their intimate partners. Although the public and private overlap, the power and training provided to police officers by the state makes …
Imprisonment Inertia And Public Attitudes Toward "Truth In Sentencing", Michael O'Hear, Darren Wheelock
Imprisonment Inertia And Public Attitudes Toward "Truth In Sentencing", Michael O'Hear, Darren Wheelock
BYU Law Review
No abstract provided.
Eric Holder's Recent Curtailment Of Mandatory Minimum Sentencing, Its Implications, And Prospects For Effective Reform, Alan Dahl
Brigham Young University Journal of Public Law
No abstract provided.
Can Retributivism Be Saved?, Chad Flanders
Can Retributivism Be Saved?, Chad Flanders
BYU Law Review
Retributive theory has long held pride of place among theories of criminal punishment in both philosophy and in law. It has seemed, at various times, either much more intuitive, or rationally persuasive, or simply more normatively right than other theories. But retributive theory is limited, both in theory and practice, and in many of its versions is best conceived not as a theory of punishment in its own right, but instead as shorthand for a set of constraints on the exercise of punishment. Whether some version of retributive theory is a live possibility in the contemporary world remains very much …
Taking Mistakes Seriously, Paul J. Larkin Jr.
Taking Mistakes Seriously, Paul J. Larkin Jr.
Brigham Young University Journal of Public Law
Part I of this article discusses the principle that mistake or ignorance of the law is no excuse. It is settled law that no one can defend against a criminal charge on the grounds that he did not intend to flout the law and, at worst, made only a reasonable, honest mistake as to what he was free to do. Part II examines several areas in which the law does precisely the opposite by repeatedly manifesting a willingness to forgive reasonable mistakes by one or more actors in the criminal justice system. Part III then asks whether the developments discussed …
Construing The Outer Limits Of Sentencing Authority: A Proposed Bright-Line Rule For Noncapital Proportionality Review, Kevin White
BYU Law Review
No abstract provided.
Modifying The Restrictions On Sentence Modification: United States V. Cobb, Jackie Bosshardt
Modifying The Restrictions On Sentence Modification: United States V. Cobb, Jackie Bosshardt
BYU Law Review
No abstract provided.
Sidestepping Deference: How United States V. Ressam Encourages Overly Stringent Review Of Sentencing Decisions, Joseph Leavitt
Sidestepping Deference: How United States V. Ressam Encourages Overly Stringent Review Of Sentencing Decisions, Joseph Leavitt
BYU Law Review
No abstract provided.
Policy, Uniformity, Discretion, And Congress’S Sentencing Acid Trip, Mark Osler
Policy, Uniformity, Discretion, And Congress’S Sentencing Acid Trip, Mark Osler
BYU Law Review
No abstract provided.
The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede
The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede
Brigham Young University Journal of Public Law
No abstract provided.
Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain
Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain
Brigham Young University Journal of Public Law
No abstract provided.
Viewing The Criminal Sanction Through Latter-Day Saint Thought, Martin R. Gardner
Viewing The Criminal Sanction Through Latter-Day Saint Thought, Martin R. Gardner
BYU Law Review
No abstract provided.
Reservations About Retribution In Secular Society, Steven F. Huefner
Reservations About Retribution In Secular Society, Steven F. Huefner
BYU Law Review
No abstract provided.
Not For The Sake Of Punishment Alone: Comments On Viewing The Criminal Sanction Through Latter-Day Saint Thought, Marguerite A. Driessen
Not For The Sake Of Punishment Alone: Comments On Viewing The Criminal Sanction Through Latter-Day Saint Thought, Marguerite A. Driessen
BYU Law Review
No abstract provided.
Denying Special Education In Adult Correctional Facilities: A Brief Critique Of Tunstall V. Bergeson, Thomas A. Mayes
Denying Special Education In Adult Correctional Facilities: A Brief Critique Of Tunstall V. Bergeson, Thomas A. Mayes
Brigham Young University Education and Law Journal
No abstract provided.
Who Makes The Call On Capital Punishment? How Ring V. Arizona Clarifies The Apprendi Rule And The Implications On Capital Sentencing , Sim?N Cantarero
Who Makes The Call On Capital Punishment? How Ring V. Arizona Clarifies The Apprendi Rule And The Implications On Capital Sentencing , Sim?N Cantarero
Brigham Young University Journal of Public Law
No abstract provided.
Comparing Children To The Mentally Retarded: How The Decision In Atkins V. Virginia Will Affect The Execution Of Jevenile Offenders , Robin M. A. Weeks
Comparing Children To The Mentally Retarded: How The Decision In Atkins V. Virginia Will Affect The Execution Of Jevenile Offenders , Robin M. A. Weeks
Brigham Young University Journal of Public Law
No abstract provided.
Law Enforcement Officers In Public Schools: Student Citizens In Safe Havens?, Jacqueline A. Stefkovich, Judith A. Miller
Law Enforcement Officers In Public Schools: Student Citizens In Safe Havens?, Jacqueline A. Stefkovich, Judith A. Miller
Brigham Young University Education and Law Journal
No abstract provided.
The Meaning Of The "Unnecessary Rigor" Provision In The Utah Constitution, James G. Mclaren
The Meaning Of The "Unnecessary Rigor" Provision In The Utah Constitution, James G. Mclaren
Brigham Young University Journal of Public Law
No abstract provided.
Dying To Get Out: A Study On The Necessity, Importance, And Effectiveness Of Prison Early Release Programs For Elderly Inmates And Inmates Suffering From Hiv Disease And Other Terminal-Centered Illnesses, Susan Lundstrom
Brigham Young University Journal of Public Law
No abstract provided.
Justice Blackmun's Eighth Amendment Pilgrimage, D. Grier Stephenson Jr.
Justice Blackmun's Eighth Amendment Pilgrimage, D. Grier Stephenson Jr.
Brigham Young University Journal of Public Law
No abstract provided.