Digital Commons Network^™

Criminal Justice In America (Book Review), Vincent J. Keane

St. John's Law Review

No abstract provided.

The Labor Injunction (Book Review), Morris Hillquit

St. John's Law Review

No abstract provided.

Jurisprudence For Nurses (Book Note), St. John's Law Review

St. John's Law Review

No abstract provided.

Divorce Law In Maryland (Book Note), St. John's Law Review

St. John's Law Review

No abstract provided.

Aigler's Cases On Titles (2nd Ed.) (Book Note), St. John's Law Review

St. John's Law Review

No abstract provided.

Criminal Justice In England (Book Note), St. John's Law Review

St. John's Law Review

No abstract provided.

Cases And Materials On The Administration Of Debtor's Estates (Book Review), Robert D. Fleming

St. John's Law Review

No abstract provided.

The Administrative Control Of Aliens (Book Review), Louis Prashker

St. John's Law Review

No abstract provided.

Confessions--Felony Murder, Irving L. Wharton

St. John's Law Review

No abstract provided.

Is An Engagement Ring An Absolute Gift?, Rose L. Lipman

St. John's Law Review

No abstract provided.

The "Report On Prosecution" In The Light Of Canadian Practice, William Renwick Riddell

St. John's Law Review

No abstract provided.

Steffen's Cases On Agency (Book Review), Nathan Probst Jr.

St. John's Law Review

No abstract provided.

Tribunes Of The People (Book Review), Louis Prashker

St. John's Law Review

No abstract provided.

The Disregard Of The Doctrine Of Reasonable Doubt, Max D. Blossner

St. John's Law Review

No abstract provided.

Cooperation Between Press And Bar, Terence J. Mcmanus

St. John's Law Review

No abstract provided.

Some Phases Of Uniform Interstate Extradition, Thomas Bress

St. John's Law Review

No abstract provided.

Scottsboro, The Firebrand Of Communism (Book Note), Edward J. O'Toole

St. John's Law Review

No abstract provided.

Persons Erroneously Convicted, Marjorie S. Moss

St. John's Law Review

No abstract provided.

Savings Bank Life Insurance, Henry G. Vogel

St. John's Law Review

No abstract provided.

Guilty Until Proven Innocent: Clearing Massachusetts's Uncertain Road To Post-Conviction Dna Testing, Christian Van Buskirk

St. John's Law Review

(Excerpt)

This Note argues that the current procedures for obtaining DNA testing in Massachusetts are fundamentally inadequate, and should be modified to reflect the unique power of DNA testing. Part I of this Note explores the text of the Massachusetts post-conviction discovery statute, and discusses the procedures that the courts have created for its implementation. Part II explains the framework of a post-Osborne procedural due process claim for post-conviction DNA relief and the constitutional standards that the state procedures must satisfy. Finally, Part III applies that framework and argues that Massachusetts's court-created procedures are violative of due process because …

Sex Offender Treatment In Prisons And The Self-Incrimination Privilege: How Should Courts Approach Obligatory, Un-Immunized Admissions Of Guilt And The Risk Of Longer Incarceration?, Daniel R. Strecker

St. John's Law Review

(Excerpt)

Part I of this Note discusses the historical background of the Fifth Amendment privilege against self-incrimination and its contemporary meaning in American case law. Part II examines different approaches to the question of whether the sex offender treatment programs discussed here violate that privilege. Finally, Part III advances theories for determining the constitutionality of these programs, evaluates their merits, and ultimately argues that the McKune plurality's use of the "atypical and significant hardship" standard is the most functional and durable approach that any court has offered to resolve this troubling, muddled, and constitutionally multifaceted question.

The Mandatory Pretrial Release Provision Of The Adam Walsh Act Amendments: How "Mandatory" Is It, And Is It Constitutional?, Bryan Dearinger

St. John's Law Review

(Excerpt)

This Article analyzes each of those decisions and, by way of two hypothetical cases, addresses the applicability and constitutionality of the AWA Amendments. Part I examines the applicability of the "mandatory" pretrial release conditions of the AWA Amendments, concluding that the conditions are not as automatic as Congress may have wished. Part II sets forth a brief history of the Bail Reform Act and discusses the seminal constitutional attacks made upon its bail provisions, including those made in United States v. Salerno. Part III applies the lessons learned from Salerno and its progeny to the recent attacks on …

The Proper Borders Of Padilla: Courts Must Avoid Over-Expansion Of Sixth Amendment Claims, Terrence Regan

St. John's Law Review

(Excerpt)

This Note proposes a new method of Sixth Amendment analysis. This analysis is consistent with the Court’s decision in Padilla v. Kentucky and its other Sixth Amendment precedent. It also responds to concerns that criminal defendants are treated fairly, on the one hand, and that the criminal justice system is not overburdened by an undermined plea system, on the other. This Note argues that the focus of the “competence prong” of the ineffective assistance test must be focused on the attorney’s knowledge and his action in relation to that knowledge. When an attorney knows—or reasonably should know—that a collateral …

Legally Blind: Hyperadversarialism, Brady Violations, And The Prosecutorial Organizational Culture, Hadar Aviram

St. John's Law Review

(Excerpt)

Part I presents the problem through an analysis of the opinion of the Court, Justice Scalia’s concurrence, and Justice Ginsburg’s dissent. Part II shows the role played by causation and culpability in framing the responsibility of prosecutors in discovery proceedings. Part III discusses the implications of discovery violations for § 1983 suits, in contrast to their role in direct and collateral review of the conviction itself. Part IV presents evidence from a solid body of literature in sociology and political science, explaining why the debate misses the essential understanding of how prosecutorial offices work. Part V tackles the thorny …

He Said, She Said: Sex Crime Prosecutions And Spousal Privileges Under The Federal Rules Of Evidence, Jennifer Kelly

St. John's Law Review

(Excerpt)

This Note argues that federal courts, in considering the applicability of either the spousal communications privilege or the adverse testimonial privilege, should look to the type of crime alleged against the defendant and should carve out an exception rendering these privileges unavailable wherever the defendant has been charged with a sex crime, regardless of the victim’s age or relationship to the defendant. This Note discusses and explains the uniquely heinous nature of such crimes, their markedly devastating effects on victims, and the inherent challenges and difficulties in successful prosecution, in order to emphasize the importance of allowing them special …