Law Commons^™

The Fatal Flaws Of The 'Sneak And Peek' Statute And How To Fix It, Jonathan Witmer-Rich

Law Faculty Articles and Essays

In the USA PATRIOT Act, Congress authorized delayed notice search warrants — warrants authorizing a “sneak and peek” search, in which investigators conduct covert searches, notifying the occupant weeks or months after the search. These warrants also sometimes authorize covert seizures — a “sneak and steal” search — in which investigators seize evidence, often staging the scene to look like a burglary.

Covert searches invade the privacy of the home and should be used only in exceptional cases. The current legal rules governing delayed notice search warrants are conceptually flawed. The statute uses a legal doctrine — “exigent circumstances” — …

A Curious Omission From Ohio's Rape Statute: Sexual Assault When The Victim Consents To Medical Or Dental Drugging, Patricia J. Falk

Law Faculty Articles and Essays

No abstract provided.

"Because Ladies Lie": Eliminating Vestiges Of The Corroboration And Resistance Requirements From Ohio's Sexual Offenses, Patricia J. Falk

Law Faculty Articles and Essays

In response to alarming statistics about the dearth of rape cases brought to successful fruition, feminist critiques of rape law, and changing attitudes about sexual autonomy, rape and sexual assault statutes in America have undergone enormous revision during the last few decades. The barriers to successful prosecution of rape cases-including the corroboration and resistance requirements-have been slowly eroding in modern statutory law. Despite rampant rape reform, these old-fashioned requirements have been remarkably persistent, and vestiges of them remain in twenty-first-century statutory enactments.

An Assessment Of Risk Factors For Early Death Among A Sample Of Previously Incarcerated Youth, Patricia A. Stoddard Dare, Miyuki Fukushima Tedor, Linda M. Quinn, Christopher A. Mallett

Social Work Faculty Publications

Most previous research regarding early death prior to, or during, young adulthood among previously detained delinquent youth has focused predominantly on males or on their cause of death. This study extends previous research by evaluating potential factors that are associated with early death in a random sample (N = 999) of formerly detained youthful offenders in New York stratified by gender (50% female). Existing case records were referenced with the National Death Index to determine if the formerly detained youth were deceased by the time they would have reached age 28. Regression analyses were run to determine if any of …