Law Commons^™

"Automobile Searches." Chapter 4d, 4d-1– 4d-62, "Suppression Of Illegally Obtained Evidence: Pretext Searches." Chapter 83, 83-1 - 83-18, Robert Bloom

Robert Bloom

No abstract provided.

"Commencement Of Action." Chapter 3 (Co-Authored With Daniel R. Coquillette) 3-1–3-34, "Time." Chapter 6, 6-1– 6-143, "Applicability In General." Chapter 81, 81-1–81-40, Robert Bloom

Robert Bloom

No abstract provided.

The Age Of Unreason: The Impact Of Reasonableness, Increased Police Force, And Colorblindness On Terry "Stop And Frisk", Omar Saleem

Journal Publications

No abstract provided.

Jury Reform: Of Myths And Moral Panics, Peter Duff, Mark Findlay

Research Collection Yong Pung How School Of Law

It is now commonplace to assert that the jury performs an important ideological or symbolic role in the criminal justice process. Indeed, it is often argued that this function is more significant than the impact the jury has in practice (see Mungham & Bankowski 1976; Duff & Findlay 1982; Findlay & Duff 1988: 1–7; Darbyshire 1991). Certainly it is true that, in virtually every jurisdiction where the jury exists, only a very small proportion of alleged offenders have their cases heard before a jury. There are two principal reasons for this. First, the vast majority of those charged with criminal …

How Much Should Mind Matter? Mens Rea In Theft And Fraud Sentencing, James Gibson

Law Faculty Publications

This article discusses the U.S. Sentencing Commission’s vote to potentially revise the definition of loss. Anyone who has followed the Commission's deliberations on loss will see that the proposed definition attempts to address many of the contentious issues that have arisen in the case law and commentary. The issues that the proposed definition concentrates on, however, such as credits, interest, causation, and gain, tend to inform the inquiry into "actual loss" rather than "intended loss," even though the latter concept is integral to both definitions. Although neither the current nor the proposed definition provides much guidance for working with intended …

The Path To Habeas Corpus Narrows: Interpreting 28 U.S.C. § 2254(D)(1), Sharad Sushil Khandelwal

Michigan Law Review

The enforcement of the U.S. Constitution within the criminal justice system is an odd subspecies of constitutional law. In areas other than criminal law, federal courts act as the ultimate guarantors of constitutional rights by providing remedies whenever violations occur. Criminal law, however, is different by necessity; the bulk of criminal justice occurs in state courthouses, leaving constitutional compliance largely to state judges. The U.S. Supreme Court, of course, may review these decisions if it chooses, but a writ of certiorari can be elusive, especially given the Court's shrinking docket. After World War II, however, this feature of criminal constitutional …

Section 4: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Arkansas' Missed Opportunity For Rehabilitation: Sending Children To Adult Courts, Gerrard F. Glynn

University of Arkansas at Little Rock Law Review

No abstract provided.

Searching For A Solution: How To Punish, Restrain And Treat Sex Offenders, Nora V. Demleitner

Scholarly Articles

Not available.

"Life" = Life: Correcting Juror Misconceptions, Lisa M. Jenio

Capital Defense Journal

No abstract provided.

Smith V. Angelone 111 F.3d 1126 (4th Cir. 1997) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.

Resurrecting The Confrontation Clause In Virginia, Joseph D. Platania

Capital Defense Journal

No abstract provided.

Gender, Race, And Court Location Effects On Exceptional Sentencing In The State Of Washington, Catherine L. Drezak

Sociology & Criminal Justice Theses & Dissertations

Policy statements by the Sentencing Commission for the State of Washington emphasize that gender, race, and community ties are irrelevant to sentencing decisions. Based on prior sentencing practices, these policies carry the potential to incorporate unrecognized sentencing disparity practices into the proposed sentencing equality solution. Using Washington's sentencing data under current sentencing guideline structures, this research examined the sentencing outcomes with respect to sentences given outside the guidelines. This study was designed to address the research questions: What effect, if any, does gender have on exceptional sentence outcome? To what extent, if any, is race a factor in determining gender …

Bailing Out Of Bonds: The Effect Of Victim/Offender Relationships And Other Factors In The Setting Of Bail, Tancy Vandecar

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to investigate which factors impact bail decisions made by magistrates and judges. Much of the research on this topic was done in the early 1960s and 1970s when efforts such as the Manhattan Bail Project were in full force and the decisions of magistrates had not been investigated. There has been little research which looks specifically at the effect of victim-offender relationship on the bail decision. The present research utilizes bail decisions made by judges in the General District Court of Virginia Beach, Virginia as well as Virginia Beach magistrates. The effects of offense …

Federal Sentencing Guidelines, Deborah R. Jordan

Mercer Law Review

The rule of law governing sentencing in the federal courts is becoming more and more of an intellectual exercise; one that may be interesting to the academics, but is confusing and frustrating to the individuals affected by the process. A review of the decisions issued in 1996 by the Court of Appeals for the Eleventh Circuit, as well as those of the United States Supreme Court, confirms this trend to intellectualize the sentencing process.

Most people who are confronted by the criminal justice system have strong emotions attached to the experience. Crime victims have suffered unjustly and want to see …

Can You Lie To The Government And Get Away With It--The Exculpatory-No Defense Under 18 U.S.C. 1001, Stephen Michael Everhart

West Virginia Law Review

No abstract provided.

Bennis V. Michigan: The Supreme Court Clings To Precedent And Denies Innocent Owners A Defense To Forfeiture, Mark E. Beatty

Mercer Law Review

In Bennis v. Michigan, the Supreme Court decided the constitutionality of a Michigan statute authorizing the forfeiture of an innocent owner's interest in property under the guise of a statutory nuisance abatement scheme.

United States V. Armstrong: Permissible Prosecutorial Discretion?, Robert C. Brand

Mercer Law Review

In United States v. Armstrong, the Supreme Court explicitly set forth the threshold requirement the defendant must meet in order to be entitled to discovery on a selective prosecution claim. There must be a credible showing that similarly situated persons of other races could have been prosecuted, but were not.

Mccabe V. Life-Line Ambulance Service: Another Extension Of The Over-Extended Administrative Search Exception, Anne Tunnessen

Mercer Law Review

In McCabe v. Life-Line Ambulance Service, the United States Court of Appeals for the First Circuit extended the administrative search exception to the Fourth Amendment ban on unreasonable searches. The suit alleged a novel violation of the ban in the form of a warrantless involuntary commitment procedure. However, the court found that the procedure fit neatly within the exception and declined to extend Fourth Amendment protection to involuntary commitments.

Arrest: What's The Big Deal, Barbara J. Hart

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Virginia's Response To Family Violence, Harriet Russell

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Evaluating The Effectiveness Of Mandatory Arrest For Domestic Violence In Virginia, Joel Garner

William & Mary Journal of Race, Gender, and Social Justice

The Commonwealth of Virginia has adopted a series of new provisions, scheduled to become effective, July 1, 1997. These provisions will provide directives for the criminal legal system in response to the issue of domestic violence. One of these provisions, the mandatory arrest of the "primary physical aggressor" in instances of assault and battery of a family or household member, is a matter of some controversy in Virginia and the nation. This article focuses on evaluating the effectiveness of the mandatory arrest provision in Virginia. The underlying premise of this article is that systematic evidence is different from personal experience, …

Interview With John Klock, Renee Esfandiary, Krista Newkirk

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Crime And Sentencing In Canada: Parallels And Differences, Nora V. Demleitner

Scholarly Articles

Not available

Prosecuting The Fishery: The Supreme Court Of Canada And The Onus Of Proof In Aboriginal Fishing Cases, Peggy J. Blair

Dalhousie Law Journal

In Sparrow and other decisions, the Supreme Court of Canada has outlined certain tests which must be met by the Crown and defence in the trial of aboriginal fishing cases where s.35 rights are at issue. This article describes the shifting burdens of proof which have resulted from those tests. The author argues that the Supreme Court of Canada has imposed procedural and substantive requirements of proof on the defence which may in themselves be unconstitutional.

Guilty Plea Revocation, Constitutional Waiver, And The Charter: "A Guilty Plea Is Not A Trap", John Dr Craig

Dalhousie Law Journal

The entry of a guilty plea has significant constitutional ramifications. It relieves the Crown of its obligation to prove the elements of an offence beyond a reasonable doubt and constitutes a waiver by the accused of various rights including the right to put the Crown's case to the test of a trial, the right to confront Crown witnesses through cross-examination and the right to remain silent in relation to the determination of legal guilt. In light of these constitutional dimensions, the article considers an issue which has received little academic attention: the revocation of a guiltyplea. The authorassesses the existing …

A Matter Of Life And Death: Revising The Harmless Error Standard For Habeas Corpus Proceedings, David M. Bowman

Washington Law Review

Since 1967, federal courts have conducted harmless error analysis to determine whether to uphold a prisoner's conviction notwithstanding a constitutional error committed at the prisoner's trial. A review of the development of the harmless error doctrine reveals how the U.S. Supreme Court and federal courts have solidified a rational impact test to determine harmlessness. More recently, the U.S. Supreme Court has moved away from a clearly defined test with respect to errors alleged by habeas corpus petitioners. This Comment analyzes the obstacles faced by habeas petitioners in establishing a magnitude of error sufficient for reversal under the newer doctrine. It …

The Kindred Client - Interview With Susan Rutberg, Jorge Aquino

Interviews

Prof. Susan Rutberg is interviewed about her defense of Attorney Stephen Bingham.

In this interview for The Recorder with freelance writer Jorge Aquino, Rutberg says Bingham's trial did more than present competing theories about what happened on an especially dark day in California history. Instead, she explains, the case became a referendum on Bingham's character: Was he, as Rutberg says, "an innocent client who was caught in a web of circumstantial evidence and who had led an exemplary life"? Or was Bingham, as a prison official put it, a "dilettante revolutionary" bent on undermining prison security?

The Incredible Shrinking Writ, Part Ii: Habeas Corpus Under The Anti-Terrorism And Effective Death Penalty Act Of 1996, Mary E. Eade

Capital Defense Journal

No abstract provided.

Stout V. Netherland 1996 Wl 496601 (4th Cir. 1996)1 United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.