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Full-Text Articles in Law
Police Ignorance And (Un)Reasonable Fourth Amendment Exclusion, Nadia Banteka
Police Ignorance And (Un)Reasonable Fourth Amendment Exclusion, Nadia Banteka
McGeorge School of Law Scholarly Articles
The Fourth Amendment exclusion doctrine is as baffling as it is ubiquitous. Although courts rely on it every day to decide Fourth Amendment violations as well as defendants’ motions to suppress evidence obtained through these violations, virtually every aspect of the doctrine is a subject of fundamental disagreement and confusion. When defendants file motions to suppress unlawfully obtained evidence, the government often argues that even if a violation of the Fourth Amendment has transpired, the remedy of evidence suppression is barred because the police acted in “good faith,” meaning the officer reasonably, albeit mistakenly, believed the search or seizure was …
Expanding Statutes Of Limitations For Sex Crimes: Bad Public Policy, Michael Vitiello
Expanding Statutes Of Limitations For Sex Crimes: Bad Public Policy, Michael Vitiello
McGeorge School of Law Scholarly Articles
The Victims’ Rights Movement has been one of the most consequential political forces in the United States over the past fifty-plus years. It has scored major legislative victories across the country. Every state and the federal government have adopted major laws advanced by the movement. After years of expanding prison populations, many policymakers and scholars have begun to question the wisdom of many of the movement’s legislative victories.
Despite current pushback against the movement, the movement and members of the public are pushing for the elimination or dramatic extensions of statutes of limitations for sex offenses and child-sex offenses. Such …
Miranda Is Dead. Long Live Miranda, Michael Vitiello
Miranda Is Dead. Long Live Miranda, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
The Warren Court’S Eyewitness Identification Case Law: What If?, Michael Vitiello
The Warren Court’S Eyewitness Identification Case Law: What If?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Bargained-For-Justice: Lessons From The Italians?, Michael Vitiello
Bargained-For-Justice: Lessons From The Italians?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Reflections On An Extraordinary Career: Thoughts About Gerald Caplan's Retirement, Michael Vitiello
Reflections On An Extraordinary Career: Thoughts About Gerald Caplan's Retirement, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Reforming California Sentencing Practice And Policy: Are We There Yet?, Michael Vitiello
Reforming California Sentencing Practice And Policy: Are We There Yet?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Does Prison Reform Bring Sentencing Reform? The Congress, The Courts, And The Structural Injunction, Brian K. Landsberg
Does Prison Reform Bring Sentencing Reform? The Congress, The Courts, And The Structural Injunction, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
No abstract provided.
The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law?, Michael Vitiello
The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda Carter
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
Goodyear And Hertz: Reconciling Two Recent Supreme Court Decisions, Lindsey D. Blanchard
Goodyear And Hertz: Reconciling Two Recent Supreme Court Decisions, Lindsey D. Blanchard
McGeorge School of Law Scholarly Articles
No abstract provided.
The Principle Of Complementarity And The International Criminal Court: The Role Of Ne Bis In Idem, Linda Carter
The Principle Of Complementarity And The International Criminal Court: The Role Of Ne Bis In Idem, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
A Case For A Constitutional Right To Counsel In Habeas Corpus, Emily Garcia Uhrig
A Case For A Constitutional Right To Counsel In Habeas Corpus, Emily Garcia Uhrig
McGeorge School of Law Scholarly Articles
No abstract provided.
Clemency In California Capital Cases, Mary-Beth Moylan, Linda Carter
Clemency In California Capital Cases, Mary-Beth Moylan, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello
Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Sentencing Guideline Law And Practice In A Post-Booker World: Introduction, Michael Vitiello
Sentencing Guideline Law And Practice In A Post-Booker World: Introduction, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Innocent Of A Capital Crime: Parallels Between Innocence Of A Crime And Innocence Of The Death Penalty, Linda Carter
Innocent Of A Capital Crime: Parallels Between Innocence Of A Crime And Innocence Of The Death Penalty, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
The Sporting Approach To Harmless Error: The Supreme Court's "No Harm, No Foul" Debacle In Neder V. United States, Linda Carter
The Sporting Approach To Harmless Error: The Supreme Court's "No Harm, No Foul" Debacle In Neder V. United States, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
Integrated Criminal Justice Technologies: An Introduction, J. Clark Kelso
Integrated Criminal Justice Technologies: An Introduction, J. Clark Kelso
McGeorge School of Law Scholarly Articles
No abstract provided.
"Three Strikes" And The Romero Case: The Supreme Court Restores Democracy, Michael Vitiello
"Three Strikes" And The Romero Case: The Supreme Court Restores Democracy, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
A Decade Of International Legal Reform Regarding Child Abuse Investigation And Litigation: Steps Toward A Child Witness Code, John E.B. Myers
A Decade Of International Legal Reform Regarding Child Abuse Investigation And Litigation: Steps Toward A Child Witness Code, John E.B. Myers
McGeorge School of Law Scholarly Articles
No abstract provided.
Harmless Error In The Penalty Phase Of A Capital Case: A Doctrine Misunderstood And Misapplied, Linda Carter
Harmless Error In The Penalty Phase Of A Capital Case: A Doctrine Misunderstood And Misapplied, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
The Victims' Bill Of Rights: Where Did It Come From And How Much Did It Do?, J. Clark Kelso, Brigitte A. Bass
The Victims' Bill Of Rights: Where Did It Come From And How Much Did It Do?, J. Clark Kelso, Brigitte A. Bass
McGeorge School of Law Scholarly Articles
No abstract provided.
Significant Cases Interpreting Proposition 8, J. Clark Kelso, Brigitte A. Bass
Significant Cases Interpreting Proposition 8, J. Clark Kelso, Brigitte A. Bass
McGeorge School of Law Scholarly Articles
No abstract provided.
A Beyond A Reasonable Doubt Standard In Death Penalty Proceedings: A Neglected Element Of Fairness, Linda Carter
A Beyond A Reasonable Doubt Standard In Death Penalty Proceedings: A Neglected Element Of Fairness, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
Maintaining System Integrity In Capital Cases: The Use Of Court-Appointed Counsel To Present Mitigating Evidence When The Defendant Advocates Death, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.