Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
- Publication
- Publication Type
Articles 1 - 17 of 17
Full-Text Articles in Law
Neurotechnologies At The Intersection Of Criminal Procedure And Constitutional Law, Amanda C. Pustilnik
Neurotechnologies At The Intersection Of Criminal Procedure And Constitutional Law, Amanda C. Pustilnik
Faculty Scholarship
The rapid development of neurotechnologies poses novel constitutional issues for criminal law and criminal procedure. These technologies can identify directly from brain waves whether a person is familiar with a stimulus like a face or a weapon, can model blood flow in the brain to indicate whether a person is lying, and can even interfere with brain processes themselves via high-powered magnets to cause a person to be less likely to lie to an investigator. These technologies implicate the constitutional privilege against compelled, self-incriminating speech under the Fifth Amendment and the right to be free of unreasonable search and seizure …
Death Ineligibility And Habeas Corpus, Lee B. Kovarsky
Death Ineligibility And Habeas Corpus, Lee B. Kovarsky
Faculty Scholarship
I examine the interaction between what I call 'death ineligibility' challenges and the habeas writ. A death ineligibility claim alleges that a criminally-confined capital prisoner belongs to a category of offenders for which the Eighth Amendment forbids execution. By contrast, a 'crime innocence' claim alleges that, colloquially speaking, a capital prisoner 'wasn’t there, and didn’t do it.' In the last eight years, the Supreme Court has identified several new ineligibility categories, including mentally retarded offenders. Configured primarily to address crime innocence and procedural challenges, however, modern habeas law is poorly equipped to accommodate ineligibility claims. Death Ineligibility traces the genesis …
Criminal Alternative Dispute Resolution: Restoring Justice, Respecting Responsibility, And Renewing Public Norms, Maggie T. Grace
Criminal Alternative Dispute Resolution: Restoring Justice, Respecting Responsibility, And Renewing Public Norms, Maggie T. Grace
Student Articles and Papers
This Article explores theoretical concerns underlying contemporary appeals to Alternative Dispute Resolution ("ADR") in the criminal justice system. Analyzing literature on free will and responsibility and leading work on transitional justice, I argue that a restorative justice approach to criminal ADR better accommodates the realities of social conditions that correlate with criminality while respecting deeply-held concepts of responsibility. I further argue that this approach provides a useful response to critics, such as Owen Fiss, who argue that ADR privatizes disputes, thereby failing to produce and reinforce essential public norms.
Policing From The Gut: Anti-Intellectualism In American Criminal Procedure, Brian J. Foley
Policing From The Gut: Anti-Intellectualism In American Criminal Procedure, Brian J. Foley
Maryland Law Review
No abstract provided.
Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza
Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza
Maryland Law Review
No abstract provided.
Federal Criminal Law And The Crime-Fraud Exception: Disclosure Of Privileged Conversations And Documents Should Not Be Compelled Without The Government's Factual Foundation Being Tested By The Crucible Of Meaningful Adversarial Testing, Thomas M. Dibiagio
Maryland Law Review
No abstract provided.
New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm
New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm
Maryland Law Review
No abstract provided.
Federal Impeachment And Criminal Procedure: The Framers' Intent, Buckner F. Melton Jr.
Federal Impeachment And Criminal Procedure: The Framers' Intent, Buckner F. Melton Jr.
Maryland Law Review
No abstract provided.
The Right To A Criminal Appeal In The People's Republic Of China, Margaret Y.K. Woo
The Right To A Criminal Appeal In The People's Republic Of China, Margaret Y.K. Woo
Maryland Series in Contemporary Asian Studies
No abstract provided.
Structural Changes In The Organization And Operation Of China's Criminal Justice System, Hungdah Chiu
Structural Changes In The Organization And Operation Of China's Criminal Justice System, Hungdah Chiu
Maryland Series in Contemporary Asian Studies
No abstract provided.
China's New Criminal & Criminal Procedure Codes, Hungdah Chiu
China's New Criminal & Criminal Procedure Codes, Hungdah Chiu
Maryland Series in Contemporary Asian Studies
No abstract provided.
Criminal Procedure, 1969 - Is It A Means Or An End?, Erwin N. Griswold
Criminal Procedure, 1969 - Is It A Means Or An End?, Erwin N. Griswold
Maryland Law Review
No abstract provided.
The Supreme Court And Criminal Procedure, Edward S. Northrop
The Supreme Court And Criminal Procedure, Edward S. Northrop
Maryland Law Review
No abstract provided.
Discovery In Criminal Cases - A Survey Of The Proposed Rule Changes, Joseph Fontana
Discovery In Criminal Cases - A Survey Of The Proposed Rule Changes, Joseph Fontana
Maryland Law Review
No abstract provided.
Rule 558 - What The Jury May Take To The Jury Room - Bell V. State, Herbert A. Seidman
Rule 558 - What The Jury May Take To The Jury Room - Bell V. State, Herbert A. Seidman
Maryland Law Review
No abstract provided.
Should Reversal Of Criminal Conviction Because Of Insufficient Evidence, Under The New Criminal Rules, Be With Or Without A New Trial? - Lambert V. State
Maryland Law Review
No abstract provided.
Effect Of Acquital For Assault On Trial For Murder When Victim Sussequently Dies - Crawford V. State
Effect Of Acquital For Assault On Trial For Murder When Victim Sussequently Dies - Crawford V. State
Maryland Law Review
No abstract provided.