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Full-Text Articles in Law
Finding "Tapia Error": How Circuit Courts Have Misread 'Tapia V. United States' And Shortchanged The Penological Goals Of The Sentencing Reform Act, Matt J. Gornick
Finding "Tapia Error": How Circuit Courts Have Misread 'Tapia V. United States' And Shortchanged The Penological Goals Of The Sentencing Reform Act, Matt J. Gornick
Vanderbilt Law Review
The American criminal justice system is called many things; "compassionate" is usually not one of them. Yet in the course of federal criminal proceedings, a sentencing hearing allows a judge to convey compassion toward a defendant, if only to say, "I'm sorry about your situation, but this is how I must apply the law." Likewise, a defendant might throw herself on the mercy of the court in hopes that the judge exercises discretion compassionately. Mitigating factors and downward departures suggest that judges are capable of doing so. But how does a sentencing judge show compassion, as opposed to simply feeling …
The Right To Domain Silent: Rebalancing Tort Incentives To Keep Pace With Information Availability For Criminal Suspects And Arrestees, Laura K. Mckenzie
The Right To Domain Silent: Rebalancing Tort Incentives To Keep Pace With Information Availability For Criminal Suspects And Arrestees, Laura K. Mckenzie
Vanderbilt Law Review
One nondescript evening, Dale Menard waited in a park for a friend to pick him up.When his friend did not arrive on schedule, Menard looked into the window of a nearby retirement home to check the time. Shortly thereafter, Menard was arrested based on a resident's prowler report and held by the Los Angeles Police Department for two days. The arrest was based purely on a misunderstanding, and the LAPD never brought charges against Menard. The police did, however, forward his arrest record and fingerprints to the FBI as part of a routine record exchange. One misunderstanding culminated in extended …
The Price Of Silence: How The Griffin Roadblock And Protection Against Adverse Inference Condemn The Criminal Defendant, Kelsey Craig
The Price Of Silence: How The Griffin Roadblock And Protection Against Adverse Inference Condemn The Criminal Defendant, Kelsey Craig
Vanderbilt Law Review
In 1965, the Supreme Court held in Griffin v. California that the Fifth Amendment privilege against compelled self-incrimination prohibits judges and prosecutors from pointing to a defendant's failure to testify as substantive evidence of guilt. This doctrine assumes that such a prosecutorial or judicial "adverse comment" compels a negative inference-that the defendant is hiding something. The Griffin Court held that this assumption amounts to an unfair penalty on a defendant's invocation of a constitutionally protected right. This doctrine, however, makes a dangerous misstep in additionally assuming that the prohibition of adverse comment and the administration of limiting instructions curtail a …