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Articles 31 - 60 of 157
Full-Text Articles in Law
Preventing False Confessions: Is Oickle Up To The Task?, Dale R. Ives
Preventing False Confessions: Is Oickle Up To The Task?, Dale R. Ives
San Diego Law Review
In R. v. Oickle, the Supreme Court of Canada expressly stated that the Canadian confessions rule "should recognize which interrogation techniques commonly produce false confessions so as to avoid miscarriages of justice." As a result, the Court reformulated the traditional confessions rule in an attempt to better protect against false confessions. An obvious question is whether the Court succeeded in attaining this goal. An examination of the reformulated rule indicates that, viewed in the abstract and measured against the current state of knowledge on false confessions, the modern rule does offer considerable protection to innocent persons, but it also has …
Interrogating Terrorists: From Miranda Warnings To "Enhanced Interrogation Techniques", Ronald J. Rychlak
Interrogating Terrorists: From Miranda Warnings To "Enhanced Interrogation Techniques", Ronald J. Rychlak
San Diego Law Review
An American citizen arrested within the United States would certainly have the right not to incriminate himself. A foreign national arrested outside of the U.S. would presumably not be protected. Other scenarios present more difficult issues. American courts, therefore, have to determine whether the Fifth Amendment's privilege against self-incrimination applies to non-American citizens, and whether an American police or military agent conducting an investigation abroad must provide some type of warnings before conducting an interrogation. The initial question would seem to be whether terrorist suspects are even entitled to the right protected by Miranda - the right not to incriminate …
Miranda At Forty, Russell L. Weaver
Miranda At Forty, Russell L. Weaver
San Diego Law Review
In some respects, the Miranda decision was relatively uncontroversial because the Court did little more than require the police to inform suspects of their rights and prescribe procedures for the waiver of those rights. But Miranda's holding was not inevitable. In the Court's later decision in Schneckloth v. Bustamonte, the Court held that suspects can consent to searches of their persons or property even though they have not been informed that they have a Fourth Amendment right to refuse consent. A critic of Schneckloth might legitimately question how suspects can validly waive Fourth Amendment rights that they do not know …
Kansas V. Marsh: A Thumb On The Scale Of Death?, Elizabeth Brandenburg
Kansas V. Marsh: A Thumb On The Scale Of Death?, Elizabeth Brandenburg
Mercer Law Review
In Kansas v. Marsh, the United States Supreme Court held that it is not unconstitutional for a state's death penalty statute to require a death sentence when a sentencing jury finds aggravating and mitigating factors to be in equipoise. Extending its previous decision in Walton v. Arizona, the Court explicitly determined that this type of sentencing met the requirements of Furman v. Georgia and Gregg v. Georgia, holding that no other constraint is imposed by the Constitution. While the repercussions of this decision may not be widely felt, they do indicate the direction the Court is heading …
The Human Right Of Self-Defense, David B. Kopel, Paul Gallant, Joanne D. Eisen
The Human Right Of Self-Defense, David B. Kopel, Paul Gallant, Joanne D. Eisen
Brigham Young University Journal of Public Law
No abstract provided.
Cruelty To The Mentally Ill: An Eighth Amendment Challenge To The Abolition Of The Insanity Defense, Stephen M. Leblanc
Cruelty To The Mentally Ill: An Eighth Amendment Challenge To The Abolition Of The Insanity Defense, Stephen M. Leblanc
American University Law Review
This Comment addresses the present gap in insanity-defense laws
created by the defense’s abolition and offers an Eighth Amendment
based remedy. Part I reviews the history and evolution of the insanity
defense in Anglo-American law. It then describes how four states
have statutorily abolished the defense. It concludes with a discussion
of Clark v. Arizona, the Court’s most recent decision on the
constitutionality of the insanity defense. Part II turns to the Eighth
Amendment, examining its historical understanding and the
contemporary evolving-standards-of-decency analysis, through which
the Court assesses the constitutionality of modern-day punishments.
Part II concludes with a discussion of …
Rico At The Border: Interpreting Anza V. Ideal Steel Supply Corp. And Its Effect On Immigration Enforcement, Megan Martha Reed
Rico At The Border: Interpreting Anza V. Ideal Steel Supply Corp. And Its Effect On Immigration Enforcement, Megan Martha Reed
Washington and Lee Law Review
No abstract provided.
Risky Business: Corruption, Fraud, Terrorism, & Other Threats To Global Business, Stuart Poole-Robb, Alan Bailey
Risky Business: Corruption, Fraud, Terrorism, & Other Threats To Global Business, Stuart Poole-Robb, Alan Bailey
Brigham Young University International Law & Management Review
No abstract provided.
Retrying The Acquitted In England, Part I: The Exception To The Rule Against Double Jeopardy For New And Compelling Evidence, David S. Rudstein
Retrying The Acquitted In England, Part I: The Exception To The Rule Against Double Jeopardy For New And Compelling Evidence, David S. Rudstein
San Diego International Law Journal
More than 240 years ago, Sir William Blackstone, perhaps the most important commentator on the English common law, wrote that when a man is once fairly found not guilty upon any indictment, or other prosecution, before any court having competent jurisdiction of the offence, he may plead such acquittal in bar of any subsequent accusation for the same crime. This plea of autrefois acquit (a former acquittal), Blackstone explained, is based upon the principle that no man is to be brought into jeopardy of his life, more than once for the same offence, which he called a universal maxim of …
Furman'S Mythical Mandate, Scott W. Howe
Furman'S Mythical Mandate, Scott W. Howe
University of Michigan Journal of Law Reform
This Article argues for the rescue and reform of Supreme Court doctrine regulating capital sentencing trials under the Eighth Amendment. Many legal commentators, both liberal and conservative, including several members of the Supreme Court, have concluded that the Court's regulation of capital sentencing trials is a disaster. The repeated criticisms rest on a commonly accepted view about a principal goal of capital sentencing regulation. The prevailing account, fueled by the rhetoric of the Justices, stems from the notion that Furman v. Georgia, 408 U.S. 208 (1972), revealed a mandate of consistency in the use of the death penalty that …
Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan
Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan
University of Richmond Law Review
No abstract provided.
The Challenge Of Implementing Atkins V. Virginia: How Legislatures And Courts Can Promote Accurate Assessments And Adjudications Of Mental Retardation In Death Penalty Cases, Richard J. Bonnie, Katherine Gustafson
The Challenge Of Implementing Atkins V. Virginia: How Legislatures And Courts Can Promote Accurate Assessments And Adjudications Of Mental Retardation In Death Penalty Cases, Richard J. Bonnie, Katherine Gustafson
University of Richmond Law Review
Our goal in this paper is to assist state courts and legislatures as they try to carry out the task that Atkins requires of them promoting fairness and accuracy in the assessment and adjudication of mental retardation. After addressing the definition ofmental retardation in Part I, we focus on its assessment in Parts II and III, highlighting several key requirements of a scientifi-cally and clinically adequate assessment.
Part II addresses the assessment of deficits in intellectual functioning, particularly on the measurement of intelligence as represented by an intelligence quotient. Appropriate IQ tests must be used, and the scores must be …
An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham
An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham
University of Richmond Law Review
No abstract provided.
Hudson V. Michigan: "Knock-And-Announce" — An Outdated Rule?, J. Spencer Clark
Hudson V. Michigan: "Knock-And-Announce" — An Outdated Rule?, J. Spencer Clark
Brigham Young University Journal of Public Law
No abstract provided.
Proposition 36: Ignoring Amenability And Avoiding Accountability, Mehgan Porter
Proposition 36: Ignoring Amenability And Avoiding Accountability, Mehgan Porter
Brigham Young University Journal of Public Law
No abstract provided.
The Legal, Political, And Social Implications Of The Death Penalty, Hon. William W. Wilkins
The Legal, Political, And Social Implications Of The Death Penalty, Hon. William W. Wilkins
University of Richmond Law Review
A recent national poll found that sixty-five percent of Americans favor the death penalty. That's down from eighty percent ten years ago. Moreover, the total favoring the death penalty dropped to fifty percent when those polled were asked to assume that thealternative to the death penalty was life in prison with no chance of parole. And, the number of death sentences imposed in the United States during the last few years has dropped to the lowest level since capital punishment was reinstated thirty years ago. Thus, it would seem that our society's attitude toward capital punishment is changing. What was …
"Don't Ask, Don't Tell": Negligent Hiring Law In Virginia And The Necessity Of Legislation To Protect Ex-Convicts From Employment Discrimination, Nancy B. Sasser
"Don't Ask, Don't Tell": Negligent Hiring Law In Virginia And The Necessity Of Legislation To Protect Ex-Convicts From Employment Discrimination, Nancy B. Sasser
University of Richmond Law Review
No abstract provided.
Standing Alone: Conformity, Coercion, And The Protection Of The Holdout Juror, Jason D. Reichelt
Standing Alone: Conformity, Coercion, And The Protection Of The Holdout Juror, Jason D. Reichelt
University of Michigan Journal of Law Reform
The holdout juror in felony criminal trials is a product of the near-universal decision rule in federal and state courts of a unanimous verdict. In recent years, courts have increasingly inquired into a jury's deliberations when a holdout juror has been identified amid allegations of misconduct. This Article helps bridge the considerable gap between cognitive psychology and legal scholarship, analyzing the thought processes of the holdout juror through the application of empirical evidence and psychological modeling, to conclude that the improved protection of the holdout juror is a necessary and critical component to the preservation of a defendant's right to …
Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz
Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz
University of Richmond Law Review
No abstract provided.
Improving Accuracy In Criminal Cases, Erik Lillquist
Improving Accuracy In Criminal Cases, Erik Lillquist
University of Richmond Law Review
No abstract provided.
The Meaning Of Life (Or Limb): An Originalist Proposal For Double Jeopardy Reform, Justin W. Curtin
The Meaning Of Life (Or Limb): An Originalist Proposal For Double Jeopardy Reform, Justin W. Curtin
University of Richmond Law Review
No abstract provided.
The Personal Is Political-And Economic: Rethinking Domestic Violence, Deborah M. Weissman
The Personal Is Political-And Economic: Rethinking Domestic Violence, Deborah M. Weissman
BYU Law Review
No abstract provided.
Criminal Law Beyond The State: Popular Trials On The Frontier, Andrea Mcdowell
Criminal Law Beyond The State: Popular Trials On The Frontier, Andrea Mcdowell
BYU Law Review
No abstract provided.
Proximate Cause In Constitutional Torts: Holding Interrogators Liable For Fifth Amendment Violations At Trial, Joel Flaxman
Proximate Cause In Constitutional Torts: Holding Interrogators Liable For Fifth Amendment Violations At Trial, Joel Flaxman
Michigan Law Review
This Note argues for the approach taken by the Sixth Circuit in McKinley: a proper understanding of the Fifth Amendment requires holding that an officer who coerces a confession that is used at trial to convict a defendant in violation of the right against self-incrimination should face liability for the harm of conviction and imprisonment. Part I examines how the Supreme Court and the circuits have applied the concept of common law proximate causation to constitutional torts and argues that lower courts are wrong to blindly adopt common law rules without reference to the constitutional rights at stake. It …
One Stop, No Stop, Two Stop, Terry Stop: Reasonable Suspicion And Pseudoephedrine Purchases By Suspected Methamphetamine Manufacturers, Andrew C. Goetz
One Stop, No Stop, Two Stop, Terry Stop: Reasonable Suspicion And Pseudoephedrine Purchases By Suspected Methamphetamine Manufacturers, Andrew C. Goetz
Michigan Law Review
This Note attempts to inject some clarity into courts' reasonable suspicion calculus for cold medicine purchases. It argues that the key factor in analyzing such purchases is whether the purchaser or purchasers appear to be circumventing pseudoephedrine purchasing restrictions in order to obtain inordinately large quantities of pseudoephedrine. Part I provides a general background on the domestic manufacture of methamphetamine in small, clandestine laboratories. Part II then examines the interplay between outward innocence and reasonable suspicion under the Supreme Court's Fourth Amendment jurisprudence. Finally, Part III establishes a framework for identifying purchasing strategies that methamphetamine manufacturers commonly use to circumvent …
Death Penalty Jurisprudence In New York And The Supremacy Clause Of The United States Constitution: How Supreme Is It?, Joseph E. Fahey
Death Penalty Jurisprudence In New York And The Supremacy Clause Of The United States Constitution: How Supreme Is It?, Joseph E. Fahey
Pace Law Review
No abstract provided.
Can A Jury Believe My Eyes, And Should Courts Let Experts Tell Them Why Not? The Admissibility Of Expert Testimony On Cross-Racial Eyewitness Identification In New York After People V. Young, Jody E. Frampton
Pace Law Review
No abstract provided.
Introductory Remarks: Criminal Law Panel, Cynthia V. Ward
Introductory Remarks: Criminal Law Panel, Cynthia V. Ward
William & Mary Law Review
No abstract provided.
The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss
The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss
Pace Law Review
No abstract provided.
Classic Revisited: Penal Theory In Paradise Lost, Jillisa Brittan, Richard A. Posner
Classic Revisited: Penal Theory In Paradise Lost, Jillisa Brittan, Richard A. Posner
Michigan Law Review
Milton's great poem can be enjoyed as a supernatural adventure story in the epic tradition-indeed almost as a science-fiction fantasy. An incredibly powerful supernatural figure-call him Father-lives on planet Heaven somewhere in outer space, surrounded by lesser supernatural beings, called Angels. Father begets Son asexually, and declares his intent to give him vice regal authority. Infuriated at Son's being promoted over him, the foremost Angel, L leads a third of the Angels in violent rebellion against Father and Son. At first it seems the rebels will best the loyal Angels. But Father sends in Son to defeat the rebels all …