Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Child sexual abuse (11)
- Criminal procedure (8)
- Capital punishment (7)
- Death penalty (6)
- Burden of proof (4)
-
- Criminal justice system (4)
- Ethics (4)
- Ethnicity (4)
- Florida (4)
- Supreme Court (4)
- Criminal Procedure (3)
- Race (3)
- Technology (3)
- And the Law (2)
- Constitutional law (2)
- Double jeopardy (2)
- Due process (2)
- Eighth Amendment (2)
- Exclusionary rule (2)
- Fourth Amendment (2)
- Generally (2)
- Habeas corpus (2)
- Judicial discretion (2)
- Juries (2)
- Juveniles (2)
- Lawyers (2)
- Representation (2)
- Rights of the accused (2)
- Search and seizures (2)
- Sex crimes (2)
- Publication Year
- Publication
- Publication Type
Articles 31 - 60 of 86
Full-Text Articles in Law
Controlling Sexually Violent Predators: Continued Incarceration At What Cost?, Tamara Rice Lave
Controlling Sexually Violent Predators: Continued Incarceration At What Cost?, Tamara Rice Lave
Articles
Sexually violent predator (SVP) laws are inherently suspicious because they continue to incarcerate people not because of what they have done, but because of what they might do. I focus on three major criticisms of the laws. First, I use recent recidivism data to challenge the core motivation for the SVP laws-that sex offenders are monsters who cannot control themselves. Second, I situate the laws theoretically as examples of what Feeley and Simon call the "new penology." I argue that the SVP laws show the limited promise of the new penology—that we can use science to predict risk accurately--because the …
Throwing Away The Key: Has The Adam Walsh Act Lowered The Threshold For Sexually Violent Predator Commitments Too Far?, Tamara Rice Lave
Throwing Away The Key: Has The Adam Walsh Act Lowered The Threshold For Sexually Violent Predator Commitments Too Far?, Tamara Rice Lave
Articles
No abstract provided.
Mapp V. Ohio's Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby
Mapp V. Ohio's Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby
Articles
No abstract provided.
War And Peace In The Jury Room: How Capital Juries Reach Unanimity, Scott E. Sundby
War And Peace In The Jury Room: How Capital Juries Reach Unanimity, Scott E. Sundby
Articles
No abstract provided.
The Majestic And The Mundane: The Two Creation Stories Of The Exclusionary Rule, Scott E. Sundby, Lucy B. Ricca
The Majestic And The Mundane: The Two Creation Stories Of The Exclusionary Rule, Scott E. Sundby, Lucy B. Ricca
Articles
No abstract provided.
The Economic Roots Of Domestic Violence, Donna Coker
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Articles
No abstract provided.
Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas
Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas
Articles
The threat of future terrorist attacks has sped the proliferation of random, suspicionless searches and seizures, such as those now made of New York City subway riders. Courts assess the legality of such searches with an inherently flawed balancing test developed to assess searches and seizures made without "probable cause." Although scholars and Justices alike have decried the resort to balancing individual interests against the government's need to search, no alternative framework has been proposed. This Article proposes a more principled, objective inquiry for determining when suspicionless searches can be made. To eliminate the need for balancing, this Article advances …
The Death Penalty's Future: Charting The Crosscurrents Of Declining Death Sentences And The Mcveigh Factor, Scott E. Sundby
The Death Penalty's Future: Charting The Crosscurrents Of Declining Death Sentences And The Mcveigh Factor, Scott E. Sundby
Articles
No abstract provided.
The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas
The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas
Articles
No abstract provided.
Mercy Lawyers, Anthony V. Alfieri
No Provincial Or Transient Notion: The Need For A Mistake Of Age Defense In Child Rape Prosecutions, Jarrod F. Reich
No Provincial Or Transient Notion: The Need For A Mistake Of Age Defense In Child Rape Prosecutions, Jarrod F. Reich
Articles
No abstract provided.
Color/Identity/Justice: Chicano Trials (Book Review), Anthony V. Alfieri
Color/Identity/Justice: Chicano Trials (Book Review), Anthony V. Alfieri
Articles
No abstract provided.
The Prostitution Of Lying In Wait, H. Mitchell Caldwell
The Prostitution Of Lying In Wait, H. Mitchell Caldwell
University of Miami Law Review
No abstract provided.
The Capital Jury And Empathy: The Problem Of Worthy And Unworthy Victims, Scott E. Sundby
The Capital Jury And Empathy: The Problem Of Worthy And Unworthy Victims, Scott E. Sundby
Articles
No abstract provided.
Retrying Race, Anthony V. Alfieri
Fallen Superheroes And Constitutional Mirages: The Tale Of Brady V. Maryland, Scott E. Sundby
Fallen Superheroes And Constitutional Mirages: The Tale Of Brady V. Maryland, Scott E. Sundby
Articles
No abstract provided.
Where Hannah Arendt Went Wrong, David Abraham
Is Relevant Conduct Relevant - Reconsidering The Guidelines Approach To Real Offense Sentencing, David Yellen
Is Relevant Conduct Relevant - Reconsidering The Guidelines Approach To Real Offense Sentencing, David Yellen
Articles
No abstract provided.
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
University of Miami Inter-American Law Review
No abstract provided.
Prosecuting Violence/Reconstructing Community, Anthony V. Alfieri
Prosecuting Violence/Reconstructing Community, Anthony V. Alfieri
Articles
For two centuries, the private violence of American history has paraded into courts for public trial. Often dramatized by the spectacle of rape and murder, the public trials of private violence increasingly are seen to decide the fates of both the accused and the victim of crime. The fate of community, whether the community of the victim, the accused, or the public, seems at first blush untouched by such trials. Like victims and their families, however, communities struck by violence suffer profound loss. That loss is expressed in the destruction of public discourse, reason, and citizenship. This public ruin is …
Afterword And Response: What Digging Does And Does Not Do, Patricia D. White
Afterword And Response: What Digging Does And Does Not Do, Patricia D. White
Articles
No abstract provided.
Shifting Power For Battered Women: Law, Material Resources, And Poor Women Of Color, Donna Coker
Shifting Power For Battered Women: Law, Material Resources, And Poor Women Of Color, Donna Coker
Articles
No abstract provided.
Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen
Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen
Articles
No abstract provided.
Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby
Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby
Articles
No abstract provided.
Reasonable Doubt In Doubt: Sentencing And The Supreme Court In United States V. Watts, Sandra K. Wolkov
Reasonable Doubt In Doubt: Sentencing And The Supreme Court In United States V. Watts, Sandra K. Wolkov
University of Miami Law Review
No abstract provided.
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Articles
No abstract provided.
The Jury As Critic: An Empirical Look At How Capital Juries Perceive Expert And Lay Testimony, Scott E. Sundby
The Jury As Critic: An Empirical Look At How Capital Juries Perceive Expert And Lay Testimony, Scott E. Sundby
Articles
No abstract provided.
Criminal Protection Orders In Domestic Violence Cases: Getting Rid Of Rats With Snakes, Christopher R. Frank
Criminal Protection Orders In Domestic Violence Cases: Getting Rid Of Rats With Snakes, Christopher R. Frank
University of Miami Law Review
No abstract provided.
Probation Officers Look At Plea Bargaining, And Do Not Like What They See, David Yellen
Probation Officers Look At Plea Bargaining, And Do Not Like What They See, David Yellen
Articles
The Probation Officers Advisory Group's survey provides valuable insights into plea bargaining practices under the federal guidelines. Probation officers play a crucial role in guideline sentencing, and their views on the plea bargaining process are significant both because of their proximity to that process and the influence they wield with judges. The survey responses thus deserve attention and may spark lively debate within the Sentencing Commission and elsewhere. Depending on one's perspective, the picture that emerges is of plea bargaining either as a safety valve to mitigate the harshness and rigidity of the guidelines, or an unregulated process that threatens …