Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 12 of 12
Full-Text Articles in Law
Dna Identification Databases: Legality, Legitimacy, And The Case For Population-Wide Coverage, David H. Kaye, Michael E. Smith
Dna Identification Databases: Legality, Legitimacy, And The Case For Population-Wide Coverage, David H. Kaye, Michael E. Smith
David Kaye
Over the past decade, law enforcement authorities have amassed huge collections of DNA samples and the identifying profiles derived from them. Large DNA databanks routinely help to identify the guilty and to exonerate the innocent, but as the databanks grow, so do fears about civil liberties. Perhaps the most controversial policy issue in the creation of these databases is the question of coverage: Whose DNA profiles should be stored in them? The possibilities extend from convicted violent sex offenders to all convicted felons, to everyone arrested, to the entire population. This Article questions the rationales for drawing the line at …
Of Myths And Mapp: A Response To Professor Magee, Sheri Johnson
Of Myths And Mapp: A Response To Professor Magee, Sheri Johnson
Sheri Lynn Johnson
No abstract provided.
Profiling With Apologies, Sherry F. Colb
Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb
Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb
Sherry Colb
No abstract provided.
A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb
A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb
Sherry Colb
No abstract provided.
Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb
Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb
Sherry Colb
No abstract provided.
Stopping A Moving Target, Sherry F. Colb
Recent Decision Note, Thomas L. Shaffer
The Supreme Court And Its Purported Preference For Search Warrants, Robert M. Bloom
The Supreme Court And Its Purported Preference For Search Warrants, Robert M. Bloom
Robert M. Bloom
No abstract provided.
Pragmatism, Originalism, Race And The Case Against Terry V. Ohio, Lawrence Rosenthal
Pragmatism, Originalism, Race And The Case Against Terry V. Ohio, Lawrence Rosenthal
Lawrence Rosenthal
Perhaps no decision of the United States Supreme Court concerning the Fourth Amendment’s prohibition on “unreasonable search and seizure” has come in for more criticism than Terry v. Ohio, in which the Supreme Court concluded that even absent probable cause to arrest, a brief detention and protective search of an individual comports with the Fourth Amendment “where a police officer observes unusual conduct which leads him reasonably to conclude that criminal activity may be afoot and that the person with whom he is dealing may be armed and presently dangerous . . .” Terry is frequently denounced as granting the …
Probability, Probable Cause, And The Law Of Unintended Consequences, Lawrence Rosenthal
Probability, Probable Cause, And The Law Of Unintended Consequences, Lawrence Rosenthal
Lawrence Rosenthal
This brief essay responds to Max Minzer's article "Putting Probability Back into Probable Cause." The essay supports Professor Minzer's proposal for the use of empirical evidence of the success of a given investigating officer or investigative technique in assessing the existence of probable cause to search or seize, but offers a caveat. If an officer's "hit rate" becomes central to Fourth Amendment analysis, there is a serious danger of overdeterrence which, in turn, could lead to a dangerous escalation in violent crime. The essay offers some proposals for minimizing the risk of overdeterrence in an empirically-based regime of probable cause.
The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal
The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.