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Criminal Procedure

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2010

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Full-Text Articles in Law

Grand Jury Innovation: Toward A Functional Makeover Of The Ancient Bulwark Of Liberty, Roger A. Fairfax Jr. Dec 2010

Grand Jury Innovation: Toward A Functional Makeover Of The Ancient Bulwark Of Liberty, Roger A. Fairfax Jr.

William & Mary Bill of Rights Journal

No abstract provided.


Criminal Law And Procedure, Virginia B. Theisen, Stephen R. Mccullough Nov 2010

Criminal Law And Procedure, Virginia B. Theisen, Stephen R. Mccullough

University of Richmond Law Review

The authors have endeavored to select from the many cases and bills those that have the most significant practical impact on the daily practice of criminal law in the Commonwealth. Due to space constraints, the authors have stayed away from discussing settled principles, with a focus on the "take away" for a particular case.


The Terrorist Informant, Wadie E. Said Nov 2010

The Terrorist Informant, Wadie E. Said

Washington Law Review

A man sets himself on fire in front of the White House in a dispute with the Federal Bureau of Investigation (FBI). He has been working as an informant for the FBI in a high-profile terrorism prosecution and is unhappy with the $100,000 he has been paid so far. He has also been recently convicted of bank fraud. As a result, the government declines to call him as a witness, given the damage his actions have on his credibility and trustworthiness. This incident underscores the difficulty inherent in relying on paid informants to drive a prosecution, where material considerations such …


But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas Nov 2010

But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas

BYU Law Review

No abstract provided.


Don't Answer The Door: Montejo V. Louisiana Relaxes Police Restrictions For Questioning Non-Custodial Defendants, Emily Bretz Nov 2010

Don't Answer The Door: Montejo V. Louisiana Relaxes Police Restrictions For Questioning Non-Custodial Defendants, Emily Bretz

Michigan Law Review

In 2009, the Supreme Court held in Montejo v. Louisiana that a defendant may validly waive his Sixth Amendment right to counsel during police interrogation, even if police initiate interrogation after the defendant's invocation of the right at the first formal proceeding. This Note asserts that Montejo significantly altered the Sixth Amendment protections available to represented defendants. By increasing defendants' exposure to law enforcement, the decision allows police to try to elicit incriminating statements and waivers of the right to counsel after the defendant has expressed a desire for counsel. In order to protect the defendant's constitutional guarantee of a …


That Ain't Kosher, Robert Steinbuch, Brett Tolman Oct 2010

That Ain't Kosher, Robert Steinbuch, Brett Tolman

University of Arkansas at Little Rock Law Review

No abstract provided.


Response To "Snyder V. Louisiana: Continuing The Historical Trend Towards Increased Scrutiny Of Peremptory Challenges", Bidish J. Sarma Oct 2010

Response To "Snyder V. Louisiana: Continuing The Historical Trend Towards Increased Scrutiny Of Peremptory Challenges", Bidish J. Sarma

Michigan Law Review First Impressions

John P. Bringewatt's recent note makes several important observations about the Supreme Court's opinion in Snyder v. Louisiana. Although he provides reasonable support for the claim that Snyder represents a sea change in Batson jurisprudence, the US Supreme Court's fresh opinion in Thaler v. Haynes (rendered on February 22, 2010) reads the Snyder majority opinion narrowly and suggests the possibility that Snyder is not as potent as it should be. The Haynes per curiam's guarded reading of Snyder signals the need for courts to continue to conduct the bird's-eye cumulative analysis that the Court performed in Miller-El v. Dretke[hereinafter Miller-El …


Protecting The Homeless Under Vulnerable Victim Sentencing Guidelines: An Alternative To Inclusion In Hate Crime Laws, Katherine B. O'Keefe Oct 2010

Protecting The Homeless Under Vulnerable Victim Sentencing Guidelines: An Alternative To Inclusion In Hate Crime Laws, Katherine B. O'Keefe

William & Mary Law Review

No abstract provided.


The French Prosecutor In Question, Jacqueline S. Hodgson Sep 2010

The French Prosecutor In Question, Jacqueline S. Hodgson

Washington and Lee Law Review

Both the pre-trial and dispositive roles of the French prosecutor have continued to expand over the last decades with a resulting shift in power away from the trial judge and the juge d'instruction. The recommendations of the Liger Commission in 2009 went beyond the redistribution of authority and proposed the abolition of the juge d'instruction, placing the prosecutor in charge of all criminal investigations, even the most serious, complex, and sensitive. At the same time, the prosecutor's role and status has been challenged in a number of ways-in particular concerning her function as judicial supervisor of the detention and interrogation …


A Complicated Environment: The Problem With Extending Victims' Rights To Victims Of Environmental Crimes, Andrew Atkins Sep 2010

A Complicated Environment: The Problem With Extending Victims' Rights To Victims Of Environmental Crimes, Andrew Atkins

Washington and Lee Law Review

No abstract provided.


Uncertainty And The Search For Truth At Trial: Defining Prosecutorial "Objectivity" In German Sexual Assault Cases, Shawn Marie Boyne Sep 2010

Uncertainty And The Search For Truth At Trial: Defining Prosecutorial "Objectivity" In German Sexual Assault Cases, Shawn Marie Boyne

Washington and Lee Law Review

According to German legal scholar, Claus Roxin, German prosecutors are the "most objective civil servants" in the world. Roxin 's assessment of German prosecution practice reflects the conviction of many German legal scholars that prosecutors in Germany's inquisitorial system function as second judges dedicated to finding the objective "truth." In this Article I investigate how prosecutors "translate" the normative duty of objectivity enshrined in the German penal code into observable practices on the ground I examine prosecutorial decision-making in three sexual assault trials. Sexual assault cases pose unique challenges to prosecutors as well as to the definition of objectivity. Because …


The Tainted Federal Prosecutor In An Overcriminalized Justice System, Ellen S. Podgor Sep 2010

The Tainted Federal Prosecutor In An Overcriminalized Justice System, Ellen S. Podgor

Washington and Lee Law Review

No abstract provided.


The Affects Of Apprendi V. New Jersey On The Use Of Dna Evidence At Sentencing—Can Dna Alone Convict Of Unadjudicated Prior Acts?, Katharine C. Lester Sep 2010

The Affects Of Apprendi V. New Jersey On The Use Of Dna Evidence At Sentencing—Can Dna Alone Convict Of Unadjudicated Prior Acts?, Katharine C. Lester

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Prosecutors As Judges, Erik Luna, Marianne Wade Sep 2010

Prosecutors As Judges, Erik Luna, Marianne Wade

Washington and Lee Law Review

No abstract provided.


Brady's Bunch Of Flaws, Daniel S. Medwed Sep 2010

Brady's Bunch Of Flaws, Daniel S. Medwed

Washington and Lee Law Review

The 1970s television program The Brady Bunch provided a lighthearted and optimistic portrayal of American family life. A divorced man with three brown-haired boys married a divorced woman with three blonde daughters. They melded together into a happy, well-adjusted crew committed to mad-cap adventures accompanied by syrupy background music. Yet the promise of The Brady Bunch was illusory. Divorce has wreaked havoc on this country. The problems that derive from divorce and remarriage are multifaceted; they seldom lend themselves to tidy resolution in thirty minutes, let alone a lifetime. The show provided a distractionand a disservice. It sent an inaccurate …


The Worldwide Accountability Deficit For Prosecutors, Ronald F. Wright, Marc L. Miller Sep 2010

The Worldwide Accountability Deficit For Prosecutors, Ronald F. Wright, Marc L. Miller

Washington and Lee Law Review

In democratic governments committed to the rule of Law, prosecutors should be accountable to the public, just like other powerful government agents who make important decisions. The theoretical need for prosecutor accountability, however, meets practical shortcomings in criminal justice systems everywhere. Individual prosecutors everywhere express allegiance to the rule of Law through the wise decisions made by each prosecutor and across offices as a whole. But the claim "trust us" does not in fact generate the level of public trust that one should expect in a government of Laws. Institutional strategies to guarantee prosecutor accountability all fall short of the …


The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith Aug 2010

The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith

Washington Law Review

Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the …


State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain Aug 2010

State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain

Washington Law Review

In June 2009, the Washington State Court of Appeals, Division II, reversed Kristina Grier’s second-degree murder conviction in State v. Grier. The court concluded that Grier had received ineffective assistance of counsel because her attorney failed to request jury instructions for any lesser-included offenses, choosing instead to pursue an all-or-nothing defense strategy. That same month, Division I issued a contrary opinion, finding the pursuit of an all-or-nothing strategy reasonable. The Washington State Supreme Court has granted certiorari and will soon hear oral arguments in Grier. This Comment reviews federal and state courts’ approaches to questions of ineffective assistance of …


The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith Aug 2010

The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith

Washington Law Review

Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the …


State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain Aug 2010

State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain

Washington Law Review

In June 2009, the Washington State Court of Appeals, Division II, reversed Kristina Grier’s second-degree murder conviction in State v. Grier. The court concluded that Grier had received ineffective assistance of counsel because her attorney failed to request jury instructions for any lesser-included offenses, choosing instead to pursue an all-or-nothing defense strategy. That same month, Division I issued a contrary opinion, finding the pursuit of an all-or-nothing strategy reasonable. The Washington State Supreme Court has granted certiorari and will soon hear oral arguments in Grier. This Comment reviews federal and state courts’ approaches to questions of ineffective assistance of …


The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith Aug 2010

The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith

Washington Law Review

Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the …


State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain Aug 2010

State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain

Washington Law Review

In June 2009, the Washington State Court of Appeals, Division II, reversed Kristina Grier’s second-degree murder conviction in State v. Grier. The court concluded that Grier had received ineffective assistance of counsel because her attorney failed to request jury instructions for any lesser-included offenses, choosing instead to pursue an all-or-nothing defense strategy. That same month, Division I issued a contrary opinion, finding the pursuit of an all-or-nothing strategy reasonable. The Washington State Supreme Court has granted certiorari and will soon hear oral arguments in Grier. This Comment reviews federal and state courts’ approaches to questions of ineffective assistance of …


Criminal Law - Evidence Of Inactive Drug Metabolites In Dui Cases: Using A Proximate Cause Analysis To Fill The Evidentiary Gap Between Prior Drug Use And Driving Under The Influence, Matthew C. Rappold Jul 2010

Criminal Law - Evidence Of Inactive Drug Metabolites In Dui Cases: Using A Proximate Cause Analysis To Fill The Evidentiary Gap Between Prior Drug Use And Driving Under The Influence, Matthew C. Rappold

University of Arkansas at Little Rock Law Review

No abstract provided.


The "Green" Effect On White Collar Sentencing: An Analysis Of The Impact Of The Economy On Imprisonment Lengths Of Sentences For Federal White Collar Defendants, Jessica P. Morgan Jul 2010

The "Green" Effect On White Collar Sentencing: An Analysis Of The Impact Of The Economy On Imprisonment Lengths Of Sentences For Federal White Collar Defendants, Jessica P. Morgan

Mercer Law Review

On June 29, 2009, Bernard L. Madoff was sentenced to 150 years in prison for his creation and perpetration of an unprecedented, worldwide "Ponzi" scheme, which caused an ultimate loss to thousands of investors totaling upwards of $65 billion. Although Madoff's Ponzi scheme caused more investor losses than any one similar scheme in American history, many were shocked by the severity of Madoff's sentence. As a man in his seventies, a sentence of 150 years incarceration is well beyond a life sentence and serves as a symbol to deter those who would engage in similar conduct in the future. ... …


International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal Jul 2010

International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal

University of Arkansas at Little Rock Law Review

No abstract provided.


Appellate Review Of Sentences: Reconsidering Difference, Michael M. O'Hear May 2010

Appellate Review Of Sentences: Reconsidering Difference, Michael M. O'Hear

William & Mary Law Review

American appellate courts have long resisted calls that they play a more robust role in the sentencing process, insisting that they must defer to what they characterize as the superior sentencing competence of trial judges. This position is unfortunate insofar as rigorous appellate review might advance uniformity and other rule-of-law values that are threatened by broad trial court discretion. This Article thus provides the first systematic critique of the appellate courts’ standard justifications for deferring to trial court sentencing decisions. For instance, these justifications are shown to be based on premises that are inconsistent with empirical research on cognition and …


The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins May 2010

The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins

University of Richmond Law Review

In this essay, I contend that when evaluating the constitutionality of enhanced surveillance devices, the existing test for assessing the occurrence of a Fourth Amendment search should be modified. Specifically, I suggest that intrusiveness should be unambiguously adopted by the Court as the benchmark for assessing and defining the existence of a search under the Fourth Amendment. Moreover, intrusiveness should be clearly defined to require an examination of two factors: the functionality of a challenged form of surveillance and the potential for disclosure created by the device.


Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen May 2010

Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen

BYU Law Review

No abstract provided.


Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor Apr 2010

Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the nature and meaning of terrorism trials during the United States’ war on terror.


Civilizing Criminal Sanctions - A Practical Analysis Of Civil Asset Forfeiture Under The West Virginia Contraband Forfeiture Act, Joseph Cramer Apr 2010

Civilizing Criminal Sanctions - A Practical Analysis Of Civil Asset Forfeiture Under The West Virginia Contraband Forfeiture Act, Joseph Cramer

West Virginia Law Review

No abstract provided.