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Full-Text Articles in Law
On Warrants & Waiting: Electronic Warrants & The Fourth Amendment, Tracy Hresko Pearl
On Warrants & Waiting: Electronic Warrants & The Fourth Amendment, Tracy Hresko Pearl
Indiana Law Journal
Police use of electronic warrant (“e-warrant”) technology has increased significantly in recent years. E-warrant technology allows law enforcement to submit, and magistrate judges to review and approve, warrant applications on computers, smartphones, and tablets, often without any direct communication. Police officers report that they favor e-warrants over their traditional, paper counterparts because they save officers a significant amount of time in applying for warrants by eliminating the need to appear in-person before a magistrate. Legal scholars have almost uniformly praised e-warrant technology as well, arguing that use of these systems will increase the number of warrants issued throughout the United …
Outcome Sensitivity And The Constitutional Law Of Criminal Procedure, Lee Kovarsky
Outcome Sensitivity And The Constitutional Law Of Criminal Procedure, Lee Kovarsky
Indiana Law Journal
Iconic criminal procedure doctrines that perform the same function go by different names. When constitutionally disfavored conduct taints a criminal proceeding, courts must determine how much the taint affected an outcome—and whether the damage requires judicial relief. These doctrinal constructs calibrate judicial responses to, among other things, deficient defense lawyering (prejudice), wrongful State suppression (materiality), unlawful policing (attenuation), and an assortment of trial-court mistakes (harmless error). I refer to these constructs, which tightly orbit the constitutional law of criminal procedure, as rules of “outcome sensitivity.” Formal differences in sensitivity rules remain enduring puzzles subject to only the most superficial inspection. …
Flipping The Script On Brady, Ion Meyn
Flipping The Script On Brady, Ion Meyn
Indiana Law Journal
Brady v. Maryland imposes a disclosure obligation on the prosecutor and, for this
reason, is understood to burden the prosecutor. This Article asks whether Brady also
benefits the prosecutor, and if so, how and to what extent does it accomplish this?
This Article first considers Brady’s structural impact—how the case influenced
broader dynamics of litigation. Before Brady, legislative reform transformed civil
and criminal litigation by providing pretrial information to civil defendants but not
to criminal defendants. Did this disparate treatment comport with due process?
Brady arguably answered this question by brokering a compromise: in exchange for
imposing minor obligations on …
Criminal Procedure In The Rehnquist Court: Has The Rehnquisition Begun?, Craig M. Bradley
Criminal Procedure In The Rehnquist Court: Has The Rehnquisition Begun?, Craig M. Bradley
Indiana Law Journal
No abstract provided.
The Effect Of Variance Between Pleading And Proof In Indiana Criminal Procedure
The Effect Of Variance Between Pleading And Proof In Indiana Criminal Procedure
Indiana Law Journal
No abstract provided.
Criminal Law And Procedure, Jerome Hall
Some Fossils Of Criminal Procedure, Lenn J. Oare
Some Fossils Of Criminal Procedure, Lenn J. Oare
Indiana Law Journal
No abstract provided.