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Criminal Procedure

2015

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Articles 1 - 30 of 521

Full-Text Articles in Law

Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar Dec 2015

Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar

Faculty Scholarship

No abstract provided.


Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey Dec 2015

Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey

Nevada Supreme Court Summaries

The Court, sitting en banc, determined that by failing to answer questions from the jury that suggested confusion on a significant element of the law, failing to give an accomplice-distrust instruction, and by not bifurcating the guilt phase from the gang enhancement phase the district court violated the defendant’s right to a fair trial.


State V. Boston, 131 Nev. Adv. Op. 98 (Dec. 31, 2015), Nancy Snow Dec 2015

State V. Boston, 131 Nev. Adv. Op. 98 (Dec. 31, 2015), Nancy Snow

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order granting a post-conviction petition for a writ of habeas corpus. Specifically, the Court considered whether the holding in Graham applies when an aggregate sentence imposed against a juvenile defender convicted of more than one nonhomicide offense is the equivalent of a life-without-parole sentence. The Court held that it does.


Newell V. State Of Nevada, 131 Nev. Adv. Op. 97 (December 24, 2015), Douglas H. Smith Dec 2015

Newell V. State Of Nevada, 131 Nev. Adv. Op. 97 (December 24, 2015), Douglas H. Smith

Nevada Supreme Court Summaries

The holding of State v. Weddell is extended. Responding with deadly force to the commission of a felony per NRS § 200.160 is justified only when the person poses a threat of serious bodily injury. Short of such a threat, the amount of force used must be reasonable and necessary under the circumstances.


Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp Dec 2015

Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp

Nevada Supreme Court Summaries

The issue before the Court was an appeal from a district court order dismissing a post-conviction petition for writ of habeas corpus. The Court reversed and remanded holding that the district court improperly discounted the declarations in support of the appellant’s petition, which included a confession of another suspect, whom the petitioner implicated as the real perpetrator at trial. The Court held that these declarations were sufficient to merit discovery, and an evidentiary hearing on Petitioner Berry’s gateway actual innocence claim.


Orange Is The New Equal Protection Violation: How Evidence-Based Sentencing Harms Male Offenders, Shaina D. Massie Dec 2015

Orange Is The New Equal Protection Violation: How Evidence-Based Sentencing Harms Male Offenders, Shaina D. Massie

William & Mary Bill of Rights Journal

No abstract provided.


Moore On The Mind, Stephen J. Morse Dec 2015

Moore On The Mind, Stephen J. Morse

Faculty Scholarship at Penn Law

In revised form, this chapter will be published in a volume, Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore, a festschrift for Michael Moore edited by Professor Kimberly Ferzan and me for Oxford University Press. The chapter first addresses a particular approach to foundational metaphysical issues in the philosophy of mind, action and responsibility that I term “Spockian solutions,” which are home remedies modeled on those found in the baby and child care book of famed pediatrician, the late Dr. Benjamin Spock. It then engages with Moore’s work on a variety of topics concerning action and ...


Under School Colors: Private University Police As State Actors Under § 1983, Leigh J. Jahnig Dec 2015

Under School Colors: Private University Police As State Actors Under § 1983, Leigh J. Jahnig

Northwestern University Law Review

Under 42 U.S.C. § 1983, individuals may sue those who violate their constitutional rights while acting under color of state law. The Supreme Court has held that private actors may act under color of state law, and may be sued under § 1983 in some circumstances. However, courts have not been consistent in determining whether private university police forces act under color of state law. Private universities often maintain police forces that are given extensive police powers by state statutes but are controlled by private entities. Some courts have looked directly to the state statutes that delegate police power, but ...


Form And Function In The Chinese Criminal Process, Stanley Lubman Dec 2015

Form And Function In The Chinese Criminal Process, Stanley Lubman

Stanley Lubman

Thesis (LL.D.)--Columbia university.


Quasi-Affirmative Rights In Constitutional Criminal Procedure, David Sklansky Dec 2015

Quasi-Affirmative Rights In Constitutional Criminal Procedure, David Sklansky

David A Sklansky

No abstract provided.


Consent To Harm, Vera Bergelson Dec 2015

Consent To Harm, Vera Bergelson

Vera Bergelson

This article continues conversation about consent to physical harm started in Vera Bergelson, The Right to Be Hurt: Testing the Boundaries of Consent, 75 Geo. Wash. L. Rev. 165 (2007).

Intentionally injuring or killing another person is presumptively wrong. To overcome this presumption, the perpetrator must establish a defense of justification. Consent of the victim may serve as one of the grounds for such a defense. This article puts forward criteria for the defense of consent.

One element of the proposed defense is essential to both its complete and partial forms ¨C that consent of the victim be rational and ...


How The Justice System Fails Us After Police Shootings, Caren Morrison Dec 2015

How The Justice System Fails Us After Police Shootings, Caren Morrison

Caren Myers Morrison

No abstract provided.


Why It's Time For Pervasive Surveillance...Of The Police, Russell Dean Covey Dec 2015

Why It's Time For Pervasive Surveillance...Of The Police, Russell Dean Covey

Russell D. Covey

No abstract provided.


Jury 2.0, Caren Morrison Dec 2015

Jury 2.0, Caren Morrison

Caren Myers Morrison

When the Framers drafted the Sixth Amendment and provided that the accused in a criminal case would have the right to a speedy and public trial by an “impartial jury,” it is unlikely that they imagined the members of that impartial jury becoming Facebook friends during deliberations, or Googling the defendant’s name during trial. But in the past few years, such cases have increasingly been making headlines. The impact of the Internet on the functioning of the jury has generated a lot of press, but has not yet attracted scholarly attention. This article seeks to focus legal discourse on ...


Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse Dec 2015

Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


The Role Of The South African Criminal Code In Implementing Apartheid, Garry Seltzer Dec 2015

The Role Of The South African Criminal Code In Implementing Apartheid, Garry Seltzer

Georgia Journal of International & Comparative Law

No abstract provided.


Alternative Visions For The Federal Criminal Justice And Corrections System: Is True Change Possible?, Nora V. Demleitner Dec 2015

Alternative Visions For The Federal Criminal Justice And Corrections System: Is True Change Possible?, Nora V. Demleitner

Scholarly Articles

None available.


Constitutional Evasion And The Confrontation Puzzle, David L. Noll Dec 2015

Constitutional Evasion And The Confrontation Puzzle, David L. Noll

Boston College Law Review

One of the most notable developments in contemporary constitutional law is the breakdown of jurisprudence interpreting the Sixth Amendment’s Confrontation Clause following the U.S. Supreme Court’s 2004 decision in Crawford v. Washington. There, the Court promised doctrine that faithfully applied the Clause’s original meaning, was simple to administer, and protected criminal defendants against convictions secured through suspect evidence. Post-Crawford case law has not delivered on these promises. This Article argues that Crawford’s failure reflects an unsuccessful attempt to regulate evasion of the Confrontation Clause. Though justified by the Court on originalist grounds, the rule of ...


Protecting The Privacies Of Digital Life: Riley V. California, The Fourth Amendment’S Particularity Requirement, And Search Protocols For Cell Phone Search Warrants, William Clark Dec 2015

Protecting The Privacies Of Digital Life: Riley V. California, The Fourth Amendment’S Particularity Requirement, And Search Protocols For Cell Phone Search Warrants, William Clark

Boston College Law Review

In 2014, in Riley v. California, the U.S. Supreme Court held that the police must obtain a warrant before searching a cell phone. Since then, lower courts have struggled to determine what scope limitations judges should place on cell phone warrants in order to ensure that these warrants do not devolve into unconstitutional general searches. This Note argues that the Fourth Amendment’s particularity requirement mandates that the government submit search protocols, technical documents that explain the search methods the government will use on the seized device, for cell phone search warrants. This argument is based on the Riley ...


Reaching Within Silk Road: The Need For A New Subpoena Power That Targets Illegal Bitcoin Transactions, Alice Huang Dec 2015

Reaching Within Silk Road: The Need For A New Subpoena Power That Targets Illegal Bitcoin Transactions, Alice Huang

Boston College Law Review

With the rise of Bitcoin and other virtual currencies, it has become crucial for government regulatory bodies to catch up. Black market sites like the now-defunct Silk Road have continued to exploit the anonymity of Bitcoin to engage in illegal transactions. In order to identify criminal Bitcoin users, the government must respond with an updated criminal subpoena standard that addresses virtual currencies. This Note argues that the gap should be filled by combining current e-discovery standards from Rule 26 of the Federal Rules of Civil Procedure with elements of the Digital Millennium Copyright Act’s subpoena powers.


The Immortal Accusation, Lindsey Webb Dec 2015

The Immortal Accusation, Lindsey Webb

Washington Law Review

In the American criminal justice system, accusations have eternal life. Prosecutors, judges, and prison officials regularly consider dismissed charges and even prior acquittals in the defendant’s criminal history when making decisions ranging from the filing of charges to the imposition of punishment. This Article argues that the criminal justice system’s reliance on “accusation evidence” should be understood as furthering that system’s larger allegiance to attaining and preserving findings of guilt. Once the government obtains a guilty plea or verdict, appellate courts rarely overturn convictions based on concerns about the accuracy of the conviction; indeed, post-conviction review procedures ...


Praise Defenders, Not Just Prosecutors, Stephen E. Henderson Nov 2015

Praise Defenders, Not Just Prosecutors, Stephen E. Henderson

Stephen E Henderson

In this letter to the editor, I discuss the problems when a district court judge becomes a graduate and class spokesperson for a Citizens' Police Academy.

See article here.
See letter here.


You Have The Right To Be Confused! Understanding Miranda After 50 Years, Bryan Taylor Nov 2015

You Have The Right To Be Confused! Understanding Miranda After 50 Years, Bryan Taylor

Pace Law Review

Part I of this article briefly explores the background and historical context that ultimately led to the Miranda decision. As the late Dr. Carl Sagan once said, “you have to know the past to understand the present.” Understanding the circumstances and cases leading up to Miranda helps in the overall application of Miranda to cases of today. Part II addresses whether a statement should be allowed into evidence and provides a practical working approach to conduct a Miranda analysis. This innovative approach provides a step-by-step process in determining the admissibility of statements pursuant to Miranda and its progeny. This process ...


Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian Nov 2015

Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian

Pace Law Review

Solla is noteworthy not merely in light of the baleful effects of its ruling, but because of its reasoning: it is categorically wrong. The decision wholly elides a cornerstone and settled principle of New York welfare law, namely, that in the administration of public assistance, the municipalities act as the agents of the State, while blatantly violating the most fundamental of agency principles, namely, that a principal is vicariously liable for the actions of its agent acting within the scope of its authority. Indeed, this principal/agent relationship is established both by statute and by decades of uniform state and ...


Plea Bargaining As Dialogue, Rinat Kitai-Sangero Nov 2015

Plea Bargaining As Dialogue, Rinat Kitai-Sangero

Akron Law Review

This Article proposes turning plea bargaining into a dialogical process, which would result in lessening a defendant’s sense of alienation during the progress of the criminal justice procedure. This Article argues that plea bargaining constitutes an opportunity to circumvent restrictions existing during a trial or outside a trial, such as the inadmissibility of character evidence and the need for the victim's consent in restorative justice proceedings. This Article proposes to navigate the plea bargaining process in a way that creates a real dialogue with defendants. Such a dialogue can reduce the sense of alienation that defendants feel from ...


Two Models Of The Criminal Justice System: An Organizational Perspective, Malcolm M. Feeley Nov 2015

Two Models Of The Criminal Justice System: An Organizational Perspective, Malcolm M. Feeley

Malcolm Feeley

Systematic studies of the administration of justice in the United States have stressed either the rational-goal model or the functional-systems model. The former model emphasizes problems with the justice system's formal rules of operation and appears to be the dominant view of appellate judges, lawyers, and law students, while the latter model is concerned with the identification and adaptation of action to the environment and the interests of action within the system.


Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio Nov 2015

Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio

Andrea A. Curcio

No abstract provided.


Taking It To The Streets: Putting Discourse Analysis To The Service Of A Public Defender's Office, Clark D. Cunningham, Bonnie S. Mcelhinny Nov 2015

Taking It To The Streets: Putting Discourse Analysis To The Service Of A Public Defender's Office, Clark D. Cunningham, Bonnie S. Mcelhinny

Clark D. Cunningham

No abstract provided.


Signaling And Plea Bargaining's Innocence Problem, Russell D. Covey Nov 2015

Signaling And Plea Bargaining's Innocence Problem, Russell D. Covey

Russell D. Covey

The dominant theoretical model ofplea bargainingp redicts that, under conditions of full information and rational choice, criminal cases should uniformly be settled through plea bargaining. That prediction holds for innocent and guilty defendants alike. Because it is perfectly rational for innocent defendants to plead guilty, plea bargaining might be said to have an "innocence problem. " Plea bargaining's innocence problem is, at bottom, the result of a signaling defect. Innocent defendants lacking verifiable innocence claims are pooled together with guilty defendants who falsely proclaim innocence. As a result, both groups of defendants are treated similarly at trial and in plea ...


Rules, Standards, Sentencing, And The Nature Of Law, Russell D. Covey Nov 2015

Rules, Standards, Sentencing, And The Nature Of Law, Russell D. Covey

Russell D. Covey

Sentencing law and practice in the United States can be characterized as an argument about rules and standards. Whereas in the decades prior to the 1980s when sentencing was largely a discretionary activity governed only by broad sentencing standards, a sentencing reform movement in the 1980s transformed sentencing practice through the advent of sentencing guidelines and mandatory minimum provisions. As a result, sentencing became far less standard-like and far more rule-like. Although reform proponents believed that this "rulification" of sentencing would reduce unwarranted sentencing disparities and enhance justice, it is far from clear that these goals were achieved. Indeed, the ...