Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Who Now Sits Atop The Pyramid Of Violence?, Harrison Weimer
Who Now Sits Atop The Pyramid Of Violence?, Harrison Weimer
UC Irvine Law Review
This Note seeks to provoke a conversation about the rise in power of federal prosecutors at the expense of district court judges, focusing on the controlled-substances context. While referencing Robert Cover’s portrayal of the justice system as a “pyramid of violence,” this Note shows how the federal mandatory-minimum sentencing laws and the U.S. Sentencing Commission’s Sentencing Guidelines brought about this change. These sentencing schemes have anchored what prosecutors and judges deem an appropriate sentence. Prosecutors are thinking about sentences while deciding what charges to bring. After a discussion about sentencing legislation and current sentencing procedures, this Note identifies a need …
In Whose Custody? Miranda, Emergency Medical Care & Criminal Defendants, Kayley Berger
In Whose Custody? Miranda, Emergency Medical Care & Criminal Defendants, Kayley Berger
UC Irvine Law Review
“Respect for the rule of law in all its dimensions is critical to the fair administration of justice, public order, and protection of fundamental freedoms.” The rule of law surrounding the Fifth Amendment right against self-incrimination will not be respected by the police or public at large until major loopholes that allow the police “to take advantage of indigence in the administration of justice” are closed. The major loophole this Note tackles is the “in custody” requirement for Miranda warnings, which allows officers to question suspects without providing them with a Miranda warning. Specifically, this Note focuses on the damage …
Shining Another Light On Spousal Rape Exemptions: Spousal Sexual Violence Laws In The #Metoo Era, Kennedy Holmes
Shining Another Light On Spousal Rape Exemptions: Spousal Sexual Violence Laws In The #Metoo Era, Kennedy Holmes
UC Irvine Law Review
This Note builds on the growing scholarly discourse involving the #MeToo movement and places an importance on discussing the issue of spousal rape in the #MeToo era. It fills a crucial gap in legal scholarship by articulating how sexual violence during marriage persists despite greater attention to sexual violence in the public discourse. There may be a blind spot in the popular discourse surrounding the #MeToo movement. This Note argues that the current conversation around sexual violence in the workplace fails to address the importance of fixing sexual violence in other areas (such as the home). The Centers for Disease …
The Twice Diminished Culpability Of Juvenile Accomplices To Felony Murder, Beth Caldwell
The Twice Diminished Culpability Of Juvenile Accomplices To Felony Murder, Beth Caldwell
UC Irvine Law Review
No abstract provided.