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Articles 1 - 30 of 77
Full-Text Articles in Entire DC Network
Grandma Got Arrested: Police, Excessive Force, And People With Dementia, Rashmi Goel
Grandma Got Arrested: Police, Excessive Force, And People With Dementia, Rashmi Goel
Sturm College of Law: Faculty Scholarship
Recent events have shone a light on the particular vulnerability of people with dementia to police violence. Police are arresting people with dementia and using excessive force to do it—drawing their firearms, deploying tasers, and breaking bones.
To date, little attention has been paid to the burgeoning number of people with dementia, one of society’s most vulnerable populations, and their experiences with the criminal justice system. This Article examines how dementia leads people to engage in activity that appears criminal (shoplifting (forgetting to pay), and trespass (wandering), for instance) and the disproportionate response of police. In several cases where people …
The Broken Fourth Amendment Oath, Laurent Sacharoff
The Broken Fourth Amendment Oath, Laurent Sacharoff
Sturm College of Law: Faculty Scholarship
The Fourth Amendment requires that warrants be supported by “Oath or affirmation.” Under current doctrine, a police officer may swear the oath to obtain a warrant merely by repeating the account of an informant. This Article shows, however, that the Fourth Amendment, as originally understood, required that the real accuser with personal knowledge swear the oath.
That real-accuser requirement persisted for nearly two centuries. Almost all federal courts and most state courts from 1850 to 1960 held that the oath, by its very nature, required a witness with personal knowledge. Only in 1960 did the Supreme Court hold in Jones …
Pardoning Dogs, Sarah Schindler
Pardoning Dogs, Sarah Schindler
Sturm College of Law: Faculty Scholarship
In 1994, the Governor of New Jersey pardoned a dog. In 2017, the Governor of Maine did the same. Each of these dogs had been ordered to be euthanized after killing another dog. While the Governor of New Jersey relied on the property status of the dog in issuing her order, the Governor of Maine relied on his standard pardon power, despite the fact that the being to be pardoned was a dog rather than a human. Both of these cases generated a great deal of popular press and attention, and a few months ago, a New York state senator …
Not All Violence In Relationships Is “Domestic Violence", Tamara L. Kuennen
Not All Violence In Relationships Is “Domestic Violence", Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
The article proceeds in four parts. Part I describes in more detail the work of Donileen Loseke, and Part II applies her methodology by taking stock of the constructs as they currently exist. Part III examines social science data available since Loseke published her study, demonstrating that the current construct reflects, in reality, only a subset of relationship violence and a subset of the people who experience it. Part IV examines whether the main service designed to help people experiencing relationship violence today—law—perpetuates, rather than challenges norms. I argue that it does the former, because legal decision makers, like the …
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
A Right To A Remedy: The Sixth Amendment Right To Counsel And The American Indigent Defense Crisis, Nicholas A. Lutz
A Right To A Remedy: The Sixth Amendment Right To Counsel And The American Indigent Defense Crisis, Nicholas A. Lutz
University of Denver Criminal Law Review
No abstract provided.
Only Presumed Unreliable: Proving Confrontation Forfeiture With Hearsay, Tim Donaldson
Only Presumed Unreliable: Proving Confrontation Forfeiture With Hearsay, Tim Donaldson
University of Denver Criminal Law Review
No abstract provided.
Federal Public Corruption Statutes Targeting State And Local Official: Understanding The Core Legal Element And The Government's Burden Of Proving A Corrupt Intent After Mcdonnell, Thomas M. Diblagio
Federal Public Corruption Statutes Targeting State And Local Official: Understanding The Core Legal Element And The Government's Burden Of Proving A Corrupt Intent After Mcdonnell, Thomas M. Diblagio
University of Denver Criminal Law Review
No abstract provided.
Bad Science Begets Bad Convictions: The Need For Postconviction Relief In The Wake Of Discredited Forensics, Jessica Gabel Cino
Bad Science Begets Bad Convictions: The Need For Postconviction Relief In The Wake Of Discredited Forensics, Jessica Gabel Cino
University of Denver Criminal Law Review
No abstract provided.
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
A Crisis For Women's Rights: Surveying Feticide Statutes For Content, Coverage, And Constitutionality, Lawrence J. Nelson
A Crisis For Women's Rights: Surveying Feticide Statutes For Content, Coverage, And Constitutionality, Lawrence J. Nelson
University of Denver Criminal Law Review
No abstract provided.
Fundamental Since Our Country's Founding: United States V. Auernheimer And The Sixth Amendment Right To Be Tried In The District In Which The Alleged Crime Was Committed, Paul Mogin
University of Denver Criminal Law Review
No abstract provided.
Into The Wild Blue Yonder Of Legal Representation For Victims Of Sexual Assault: Can U.S. State Courts Learn From The Military, Erin Gardner Schenk, David L. Shakes
Into The Wild Blue Yonder Of Legal Representation For Victims Of Sexual Assault: Can U.S. State Courts Learn From The Military, Erin Gardner Schenk, David L. Shakes
University of Denver Criminal Law Review
No abstract provided.
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
The Peremptory Paradox: A Look At Peremptory Challenges And The Advantageous Possibilities They Provide, Laurel Johnson
The Peremptory Paradox: A Look At Peremptory Challenges And The Advantageous Possibilities They Provide, Laurel Johnson
University of Denver Criminal Law Review
No abstract provided.
Giving An Acquittal Its Due: Why A Quartet Of Sixth Amendment Cases Means The End Of United States V. Watts And Acquitted Conduct Sentencing, Lucius T. Outlaw
Giving An Acquittal Its Due: Why A Quartet Of Sixth Amendment Cases Means The End Of United States V. Watts And Acquitted Conduct Sentencing, Lucius T. Outlaw
University of Denver Criminal Law Review
No abstract provided.
Mandamus Muddle: The Mandamus Review Standard For The Federal Crime Victims' Rights Act, Peggy M. Tobolowsky
Mandamus Muddle: The Mandamus Review Standard For The Federal Crime Victims' Rights Act, Peggy M. Tobolowsky
University of Denver Criminal Law Review
No abstract provided.
Tipping The Scale In Favor Civilian Taping Of Encounters With Police Officers, Carol M. Bast
Tipping The Scale In Favor Civilian Taping Of Encounters With Police Officers, Carol M. Bast
University of Denver Criminal Law Review
No abstract provided.
The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele
The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele
University of Denver Criminal Law Review
No abstract provided.
Gang Policing: The Post Stop-And-Frisk Justification For Profile-Based Policing, K. Babe Howell
Gang Policing: The Post Stop-And-Frisk Justification For Profile-Based Policing, K. Babe Howell
University of Denver Criminal Law Review
No abstract provided.
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
Teaching Criminal Law: Integrating Professional Responsibility, Robert Batey
Teaching Criminal Law: Integrating Professional Responsibility, Robert Batey
University of Denver Criminal Law Review
No abstract provided.
Are There No Prisons: Mental Health And The Criminal Justice System In The United States, Robert Rigg
Are There No Prisons: Mental Health And The Criminal Justice System In The United States, Robert Rigg
University of Denver Criminal Law Review
No abstract provided.
Using Technology The Founders Never Dreamed Of: Cell Phones As Tracking Devices And The Fourth Amendment, R. Craig Curtis, Michael C. Gizzi, Michael J. Kittleson
Using Technology The Founders Never Dreamed Of: Cell Phones As Tracking Devices And The Fourth Amendment, R. Craig Curtis, Michael C. Gizzi, Michael J. Kittleson
University of Denver Criminal Law Review
No abstract provided.
The Death Of Fairness: Texas's Future Dangerousness Revisited, Ana M. Otero
The Death Of Fairness: Texas's Future Dangerousness Revisited, Ana M. Otero
University of Denver Criminal Law Review
No abstract provided.
Front Matter, University Of Denver Criminal Law Journal
Front Matter, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
They're Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin
They're Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin
University of Denver Criminal Law Review
No abstract provided.
The Death Penalty Spectacle, Tung Yin
The Death Penalty Spectacle, Tung Yin
University of Denver Criminal Law Review
No abstract provided.
The Cost Of Colorado's Death Penalty, Justin F. Marceau, Hollis A. Whitson
The Cost Of Colorado's Death Penalty, Justin F. Marceau, Hollis A. Whitson
University of Denver Criminal Law Review
No abstract provided.