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Full-Text Articles in Law
Letter And Introduction: An Introduction By Angela J. Davis, Angela J. Davis
Letter And Introduction: An Introduction By Angela J. Davis, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Miranda App: Metaphor And Machine, Andrew Ferguson, Richard Leo
The Miranda App: Metaphor And Machine, Andrew Ferguson, Richard Leo
Articles in Law Reviews & Other Academic Journals
For fifty years, the core problem that gave rise to Miranda – namely, the coercive pressure of custodial interrogation – has remained largely unchanged. This article proposes bringing Miranda into the twenty-first century by developing a “Miranda App” to replace the existing, human Miranda warnings and waiver process with a digital, scripted computer program of videos, text, and comprehension assessments. The Miranda App would provide constitutionally adequate warnings, clarifying answers, contextual information, and age-appropriate instruction to suspects before interrogation. Designed by legal scholars, validated by social science experts, and tested by police, the Miranda App would address several decades of …
Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira Robbins
Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Strangers come into a child's room in the middle of the night, drag her kicking and screaming into a van, apply handcuffs, and drive her to a behavior modification facility at a distant location. What sounds like a clear-cut case of kidnapping is complicated by the fact that the child's parents not only authorized this intervention, but also paid for it. This scarcely publicized practice-known as the youth-transportation industry-operates on the fringes of existing law. The law generally presumes that parents have almost unlimited authority over their children, but the youth-transportation industry has never been closely examined regarding exactly what …
Last Words: A Survey And Analysis Of Federal Judges' Views On Allocution In Sentencing, Ira Robbins
Last Words: A Survey And Analysis Of Federal Judges' Views On Allocution In Sentencing, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Allocution-the penultimate stage of a criminal proceeding at which the judge affords defendants an opportunity to speak their last words before sentencing-is a centuries-old right in criminal cases, and academics have theorized about the various purposes it serves. But what do sitting federal judges think about allocution? Do they actually use it to raise or lower sentences? Do they think it serves purposes above and beyond sentencing? Are there certain factors that judges like or dislike in allocutions? These questions-and many others-are answered directly in this first-ever study of judges' views and practices regarding allocution. The authors surveyed all federal …