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Criminal Procedure

1998

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Articles 1 - 30 of 122

Full-Text Articles in Law

Protecting Fugitives’ Rights While Ensuring The Prosecution And Punishment Of Criminals: An Examination Of The New Eu Extradition Treaty , Renuka E. Rao Dec 1998

Protecting Fugitives’ Rights While Ensuring The Prosecution And Punishment Of Criminals: An Examination Of The New Eu Extradition Treaty , Renuka E. Rao

Boston College International and Comparative Law Review

No abstract provided.


Aveux Incités Par Les Officiers Chargés De L’Application De La Loi, L’Expérience Des Etats-Unis, Paul Marcus Dec 1998

Aveux Incités Par Les Officiers Chargés De L’Application De La Loi, L’Expérience Des Etats-Unis, Paul Marcus

Faculty Publications

No abstract provided.


The Federalization Of Crime And Sentencing, Nora V. Demleitner Dec 1998

The Federalization Of Crime And Sentencing, Nora V. Demleitner

Scholarly Articles

Not available.


The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb Nov 1998

The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb

Cornell Law Faculty Publications

Supreme Court doctrine protects two seemingly distinct kinds of interests under the heading of privacy rights: one "substantive," the other "procedural." The Fourth Amendment guarantee against "unreasonable searches and seizures" has been generally interpreted to protect procedural privacy. Searches are typically defined as governmental inspections of activities and locations in which an individual has a reasonable expectation of privacy from observation. In the typical case, this reasonable expectation of privacy may be breached only where the government has acquired a quantitatively substantial objective basis for believing that the search would uncover evidence of a crime. Substantive privacy rights have not ...


The Defense Of Timothy Mcveigh, Randall Coyne Oct 1998

The Defense Of Timothy Mcveigh, Randall Coyne

Randall Coyne

No abstract provided.


Aggravation And Mitigation In Capital Cases: What Do Jurors Think?, Stephen P. Garvey Oct 1998

Aggravation And Mitigation In Capital Cases: What Do Jurors Think?, Stephen P. Garvey

Cornell Law Faculty Publications

The Capital Jury Project in South Carolina interviewed jurors who sat in forty-one capital murder cases. The Project asked jurors a range of questions relating to crime, the defendant, the victim, the victim's family, the jurors' deliberations, the conduct of counsel, and background characteristics of the jurors. In this essay, Professor Stephen P. Garvey presents and examines data from the Project relating to the importance jurors attach to various aggravating and mitigating factors. The results suggest that jurors have a discernible moral compass. According to the data, jurors found especially brutal killings, killings with child victims, future dangerousness, and ...


Death By Default: State Procedural Default Doctrine In Capital Cases, John H. Blume, Pamela A. Wilkins Oct 1998

Death By Default: State Procedural Default Doctrine In Capital Cases, John H. Blume, Pamela A. Wilkins

Cornell Law Faculty Publications

Before 1991, South Carolina capital defendants benefitted from lenient policies of error preservation. However, in 1991 the South Carolina Supreme Court put an end to these policies and began enforcing default rules that are more draconian than those of any other American jurisdiction with a death penalty. Furthermore, the South Carolina Supreme Court’s decisions have made it difficult for trial practitioners to discern the rules under which they must operate. Taken in combination, the strictness of the new procedural policy, the lack of clarity regarding the applicable rules, and the South Carolina Supreme Court’s often ad hoc approach ...


What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow Oct 1998

What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow

Faculty Scholarship

No abstract provided.


Clinical Methodology And The Presentation Of Asian Pacific American Issues, Evangeline Sarda Sep 1998

Clinical Methodology And The Presentation Of Asian Pacific American Issues, Evangeline Sarda

Evangeline Sarda

No abstract provided.


Section 4: Criminal Law And Procedure, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 1998

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

Supreme Court Preview

No abstract provided.


Wilson V. Greene 155 F.3d 396 (4th Cir. 1998) Sep 1998

Wilson V. Greene 155 F.3d 396 (4th Cir. 1998)

Capital Defense Journal

No abstract provided.


Wright V. Angelone 151 F.3d 151 (4th Cir. 1998) Sep 1998

Wright V. Angelone 151 F.3d 151 (4th Cir. 1998)

Capital Defense Journal

No abstract provided.


Jackson V. Commonwealth 499 S.E.2d 538 (Va. 1998) Sep 1998

Jackson V. Commonwealth 499 S.E.2d 538 (Va. 1998)

Capital Defense Journal

No abstract provided.


An Attempt To Level The Playing Field: Obtaining Resources In State And Federal Habeas, David D. Leshner Sep 1998

An Attempt To Level The Playing Field: Obtaining Resources In State And Federal Habeas, David D. Leshner

Capital Defense Journal

No abstract provided.


Investigating And Trying A Homicide Case, Andrea Lyon Sep 1998

Investigating And Trying A Homicide Case, Andrea Lyon

Law Faculty Publications

No abstract provided.


But Was He Sorry? The Role Of Remorse In Capital Sentencing, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells Sep 1998

But Was He Sorry? The Role Of Remorse In Capital Sentencing, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Cornell Law Faculty Publications

What role does remorse really play in capital sentencing? We divide this basic question in two. First, what makes jurors come to believe a defendant is remorseful? Second, does a belief in the defendant's remorse affect the jury's final judgment of life or death? Here we present a systematic, empirical analysis that tries to answer these questions.

What makes jurors think a defendant is remorseful? Among other things, we find that the more jurors think that the crime is coldblooded, calculated, and depraved and that the defendant is dangerous, the less likely they are to think the defendant ...


Post-Mccleskey Racial Discrimination Claims In Capital Cases, John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson Sep 1998

Post-Mccleskey Racial Discrimination Claims In Capital Cases, John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson

Cornell Law Faculty Publications

In federal habeas corpus proceedings, Earl Matthews, an African American, South Carolina death row inmate, alleged that his death sentence was the result of invidious racial discrimination that violated the Equal Protection Clause of the Fourteenth Amendment. To support his contention, Matthews presented statistical evidence showing that in Charleston County, where a jury convicted him and sentenced him to death, the prosecutor was far more likely to seek a death sentence for a Black defendant accused of killing a white person than for any other racial combination of victims and defendants, and also that such a Black defendant was more ...


Lie Detection: The Supreme Court's Polygraph Decision, Bennett L. Gershman Sep 1998

Lie Detection: The Supreme Court's Polygraph Decision, Bennett L. Gershman

Pace Law Faculty Publications

In United States v. Scheffer, decided this past Term, the Supreme Court considered for the first time the admissibility of polygraph evidence. The Court held that exclusion of such evidence on behalf of a criminal defendant was supported by valid justifications and offended no constitutional right to present a defense.


Dubois V. Greene No. 97-21, 1998 Wl 276282 (4th Cir. May 20, 1998) Sep 1998

Dubois V. Greene No. 97-21, 1998 Wl 276282 (4th Cir. May 20, 1998)

Capital Defense Journal

No abstract provided.


Fitzgerald V. Greene 150 F.3d 357 (4th Cir. 1998) Sep 1998

Fitzgerald V. Greene 150 F.3d 357 (4th Cir. 1998)

Capital Defense Journal

No abstract provided.


Unconscious Racism And The Criminal Law, Sheri Johnson Jul 1998

Unconscious Racism And The Criminal Law, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.


Can Shaming Punishments Educate?, Stephen P. Garvey Jul 1998

Can Shaming Punishments Educate?, Stephen P. Garvey

Cornell Law Faculty Publications

So-called "shaming" penalties have received a fair amount of attention in the popular press and, thanks primarily to the work of Dan Kahan and Toni Massaro, in the legal literature as well. Unfortunately, the current debate focuses on "shame" as the main way to understand what these penalties are all about. I argue that at least some of these so-called shaming penalties are better understood as "educative" penalties. I develop this "educating model" and contrast it with the "shaming model." I also suggest that penalties fitting the educating model have more normative appeal than those fitting the shaming model.


Criminal Procedure, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Criminal Procedure, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler Jun 1998

Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler

West Virginia Law Review

No abstract provided.


Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase Jun 1998

Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase

West Virginia Law Review

No abstract provided.


European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel Jun 1998

European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel

West Virginia Law Review

No abstract provided.


The American Adversary System, William T. Pizzi Jun 1998

The American Adversary System, William T. Pizzi

West Virginia Law Review

No abstract provided.


Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger Jun 1998

Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger

West Virginia Law Review

No abstract provided.


Race, Rights, And Remedies In Criminal Adjudication, Pamela S. Karlan Jun 1998

Race, Rights, And Remedies In Criminal Adjudication, Pamela S. Karlan

Michigan Law Review

Once upon a time, back before the Warren Court, criminal procedure and racial justice were adjacent hinterlands in constitutional law's empire. In 1954, the fifth edition of Dowling's constitutional law casebook contained one chapter on "procedural due process" in which six of the eight cases were about criminal justice, and three of those - Powell v. Alabama, Moore v. Dempsey, and Bailey v. Alabama - were as much about race as they were about crime. A few pages later, two slender chapters on the "national protection of civil rights" and "equal protection of the laws" contained seven and nine decisions ...


Criminal Procedure, Justice, Ethics, And Zeal, Darryl K. Brown Jun 1998

Criminal Procedure, Justice, Ethics, And Zeal, Darryl K. Brown

Michigan Law Review

William Stuntz's recent article, The Uneasy Relationship Between Criminal Procedure and Criminal Justice, offers a series of thoughtful observations on the reasons that criminal procedure doctrines designed to protect defendants have done so little to improve the criminal justice system. Stuntz's article describes the unintended effects of attempts by the United States Supreme Court to improve criminal justice by closely regulating criminal procedure. That procedural focus has had perverse effects because, in a dynamic criminal justice system, other institutional players have responded to procedural rules in ways that undermine appellate courts' goals. Specifically, legislatures have reacted by expanding ...