Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
The Need For Speed And Judicial Notice: New York's Admissibility Of Lidar Technology In Law Enforcement, John D. Chillemi
The Need For Speed And Judicial Notice: New York's Admissibility Of Lidar Technology In Law Enforcement, John D. Chillemi
St. John's Law Review
(Excerpt)
Focusing at the state level, this Note proposes to establish uniformity within New York State by means of judicial notice or legislative action. Part I provides a history, background, and the development of LIDAR, commencing with its predecessor, radar. It discusses LIDAR’s technical workings and the importance of its current usage to law enforcement. Part I also compares LIDAR to radar, which is nationally accepted. Part II explores New York’s adherence to the admissibility standard set forth in Frye v. United States, and shows how New York’s lower courts have been approaching the issue by analyzing several court …
Breaking Bad Science: Due Process As A Vehicle For Postconviction Relief When Convictions Are Based On Unreliable Scientific Evidence, Vincent P. Iannece
Breaking Bad Science: Due Process As A Vehicle For Postconviction Relief When Convictions Are Based On Unreliable Scientific Evidence, Vincent P. Iannece
St. John's Law Review
(Excerpt)
This Note argues that due process requires a new trial when scientific evidence necessary to the conviction becomes so unreliable as to call the validity of the jury’s verdict into question. Part I of this Note discusses how scientific evidence is admitted, the procedure for a convicted defendant’s postconviction relief once that evidence is deemed unreliable, and the constitutional protections that a convicted defendant is afforded under the Due Process Clause of the Fourteenth Amendment. Part II of this Note examines the divide among appellate courts as to whether the Due Process Clause requires a new trial when a …
Willful Ignorance, Culpability, And The Criminal Law, Alexander F. Sarch
Willful Ignorance, Culpability, And The Criminal Law, Alexander F. Sarch
St. John's Law Review
(Excerpt)
The overriding aim of this Article is to shore up the normative basis for the willful ignorance doctrine and to clarify what is needed to arrive at a version of this doctrine that adequately respects its normative foundations.
The Constitutionality Of Lengthy Term-Of-Years Sentences For Juvenile Non-Homicide Offenders, Rebecca Lowry
The Constitutionality Of Lengthy Term-Of-Years Sentences For Juvenile Non-Homicide Offenders, Rebecca Lowry
St. John's Law Review
(Excerpt)
Part I discusses the development of the Court's ' kids are different" decisions. Part II argues that the rationale behind Graham applies not only to life-without-parole sentences but also to lengthy term-of-years sentences for juvenile non-homicide offenders. Part III suggests a constitutional mandate as to when states must provide a meaningful opportunity for release and explores other legislative action states can employ to comply with Graham.
A Picture Says A Thousand Words: Applying Foia's Exemption 7(C) To Mug Shots, Rebecca Rosedale
A Picture Says A Thousand Words: Applying Foia's Exemption 7(C) To Mug Shots, Rebecca Rosedale
St. John's Law Review
(Excerpt)
This Note argues that Exemption 7(C) of the Freedom of Information Act ("FOIA"), which exempts from disclosure information compiled for law enforcement purposes that "could reasonably be expected to constitute an unwarranted invasion of personal privacy," should be categorically applied to mug shots. Part I of this Note explores the recognition of a privacy right and the regulation of public records in the United States, with a focus on FOIA. Part II discusses the conflicting viewpoints held by the circuit courts that have decided whether or not Exemption 7(C) applies to mug shots. Each court analyzed whether a personal …
Ensuring Protection Of Juveniles' Rights: A Better Way Of Obtaining A Voluntary Miranda Waiver, Yekaterina Berkovich
Ensuring Protection Of Juveniles' Rights: A Better Way Of Obtaining A Voluntary Miranda Waiver, Yekaterina Berkovich
St. John's Law Review
(Excerpt)
Part I provides background information about the evolution of judicial treatment of juveniles and the admissibility of confessions. Part II analyzes the different approaches applied by federal and state courts to determine whether a juvenile's waiver of rights was voluntary and examines the flaws in those approaches. Part III proposes a new approach to remedy the problems courts have faced with the existing approaches and to provide consistent outcomes at the federal level.
Autism And The Criminal Defendant, Christine N. Cea
Autism And The Criminal Defendant, Christine N. Cea
St. John's Law Review
(Excerpt)
Part I discusses autism spectrum disorders, including the diagnosis and characteristics of autism, and whether autism is linked to criminal behavior. Part II examines whether autism should be an affirmative defense to a crime, and concludes that it should not. However, Part II does propose that autism should be an affirmative defense to specific minor crimes. Part III analyzes potential prejudicial demeanor evidence that might occur when autistic defendants testify in their own defense at a trial. This Part argues that evidence of autism should be admitted in a trial to explain to the jury why an autistic individual …
Reconciling The Sex Offender Registration Act And The Family Court Act: Why The New York Legislature Should Allow Consideration Of Prior Juvenile Delinquency Adjudications In Sora Risk Level Determinations, Samuel J. Bazian
St. John's Law Review
(Excerpt)
This Note argues that advisory boards should not be prevented from considering juvenile delinquency proceedings in determining an adult offender's risk level. While one of the FCA's goals is to protect children from the stigma associated with a criminal conviction, the harm caused by the blanket prohibition against disclosing an offender's juvenile delinquency history outweighs its benefits. That is, despite the legislature's mandate that a juvenile's records be kept confidential, it is nonetheless time to revisit that decision. As currently constituted, the FCA adversely affects the ability of officials to make appropriate recommendations for the safety of the community. …
From Peer-To-Peer Networks To Cloud Computing: How Technology Is Redefining Child Pornography Laws, Audrey Rogers
From Peer-To-Peer Networks To Cloud Computing: How Technology Is Redefining Child Pornography Laws, Audrey Rogers
St. John's Law Review
(Excerpt)
This Article traces the history of the child pornography laws and sentencing policy in Part I. Part II explains the technologies that have caused some of the current controversies, and then Part III describes how these technologies have blurred the offenses. Finally, Part IV makes suggestions as to how the law could better reflect technology and comport with a refined harm rationale. Courts, legal scholars, and medical experts have explained the harm includes the sexual abuse captured in the images and the psychological injury the victim endures knowing the images are being viewed. This Article further develops the harm …