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Articles 1 - 30 of 34
Full-Text Articles in Law
You Can’T Teach Old Katz New Tricks: It’S Time To Revitalize The Fourth Amendment, Jeremy Connell
You Can’T Teach Old Katz New Tricks: It’S Time To Revitalize The Fourth Amendment, Jeremy Connell
University of Miami Law Review
For over half a century, the Court’s decision in Katz v. United States has been the lodestar for applying the Fourth Amendment. The Katz test has produced a litany of confusing and irreconcilable decisions in which the Court has carved exceptions into the doctrine and then carved exceptions into the exceptions. These decisions often leave lower courts with minimal guidance on how to apply the framework to new sets of facts and leave legal scholars and commenters befuddled and frustrated with the Court’s explanations for the rulings. The Court’s decision in Carpenter v. United States represents the apex of Katz’s …
“Take The Motherless Children Off The Street”: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo
“Take The Motherless Children Off The Street”: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo
University of Miami Law Review
Remarkably, there has been minimal academic legal literature about the interplay between fetal alcohol syndrome dis- order (“FASD”) and critical aspects of many criminal trials, including issues related to the role of experts, quality of counsel, competency to stand trial, the insanity defense, and sentencing and the death penalty. In this Article, the co-authors will first define fetal alcohol syndrome and explain its significance to the criminal justice system. We will then look at the specific role of experts in cases involving defendants with FASD and consider adequacy of counsel. Next, we will discuss the impact of FASD on the …
Hiding In Plain Language: A Solution To The Pandemic Riddle Of A Suspended Grand Jury, An Expiring Statute Of Limitations, And The Fifth Amendment, Nicole D. Mariani
Hiding In Plain Language: A Solution To The Pandemic Riddle Of A Suspended Grand Jury, An Expiring Statute Of Limitations, And The Fifth Amendment, Nicole D. Mariani
University of Miami Law Review
Under the statute of limitations applicable to most federal crimes, 18 U.S.C. § 3282(a), “no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.” That long-standing, generally uncontroversial procedural statute was thrust into the spotlight in 2020, when courts, prosecutors, and criminal defendants confronted an unprecedented and extraordinary scenario.
In response to the COVID-19 pandemic, many federal district courts suspended grand juries to prevent the spread of the highly contagious life-threatening virus through group congregation. Indeed, …
The Difference Of One Vote Or One Day: Reviewing The Demographics Of Florida’S Death Row After Hurst V. Florida, Melanie Kalmanson
The Difference Of One Vote Or One Day: Reviewing The Demographics Of Florida’S Death Row After Hurst V. Florida, Melanie Kalmanson
University of Miami Law Review
As the federal appeals court with jurisdiction over Florida and Alabama—two leaders in capital punishment in the United States—the Eleventh Circuit reviews several claims each year related to capital punishment. Florida is home to one of the largest death row populations in the country. Thus, understanding Florida’s capital sentencing scheme is important for understanding capital punishment nationwide.
This Article analyzes the empirical demographics of Florida’s death row population and reviews how defendants are sentenced to death and ultimately executed in Florida. The analysis reveals that although age is not a factor upon which murder/manslaughter defendants are discriminated against in the …
Exactly What They Asked For: Linking Harm And Intent In Wire Fraud Prosecutions, Christina M. Frohock, Marcos Daniel Jiménez
Exactly What They Asked For: Linking Harm And Intent In Wire Fraud Prosecutions, Christina M. Frohock, Marcos Daniel Jiménez
University of Miami Law Review
Recent opinions have obscured the U.S. Court of Appeals for the Eleventh Circuit’s guidance on federal criminal fraud prosecutions. In 2016, the court decided United States v. Takhalov and found no crime of wire fraud where the alleged victims received the benefit of their bargain. Just three years later, the concurring opinion in United States v. Feldman criticized that prior reasoning as puzzling, inviting problematic interpretations that become untethered from the common law of fraud. This Article tracks the development of the court’s view and argues for an interpretation of Takhalov that links harm to the specific intent necessary for …
Why Justice Kavanaugh Should Continue Justice Kennedy’S Death Penalty Legacy—Next Step: Expanding Juvenile Death Penalty Ban, Alli Katzen
University of Miami Law Review
As science and society both progress, Supreme Court rulings should reflect those changes. The national consensus has been gradually moving away from the use of the death penalty, particularly as applied to offenders between the ages of eighteen and twenty-five. Research clarifies that the brain is not fully developed in the areas most directly linked to culpability until after this age range. The combination of these factors should compel the Court to raise the minimum age for death sentences, but the shifting bench presents unpredictability
Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón
Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón
University of Miami Law Review
The #MeToo movement has drawn attention to the prevalence of sexual and gender-based violence. But more importantly, it has exposed how society discounts the testimony of women. This Article unfolds how this credibility discounting is reinforced in our evidentiary system through the use of character for untruthfulness evidence to impeach victims. Specifically, through defense attorneys’ practice of impeaching sexual and gender-based violence victims’ character for truthfulness as a way to introduce functional evidence of credibility biases regarding the trustworthiness of sexual and gender-based violence victims and the plausibility of their testimonies. The Article further shows a correlation between the poor …
Mass Incarceration’S Second Generation – The Unintended Victims Of The Carceral State And Thinking About Alternatives To Punishment Through Restorative Justice, Alexandra A. Hoffman
Mass Incarceration’S Second Generation – The Unintended Victims Of The Carceral State And Thinking About Alternatives To Punishment Through Restorative Justice, Alexandra A. Hoffman
University of Miami Race & Social Justice Law Review
The evolution of the juvenile criminal court system has involved a sharp movement away from the nineteenth century “rehabilitative ideal” to today’s state of hyperincarceration and punitive policies of control. Amongst the unintended and under-recognized harms of our carceral state includes a generation of minority children growing up with imprisoned parents. This analysis spotlights the tangible effects of parental incarceration on juvenile growth and development, which creates risks for further mass incarceration. This note suggests that restorative justice may offer an alternative method of “punishment” that can work towards breaking the connection between parental incarceration and adverse life outcomes for …
Habeas As Forum Allocation: A New Synthesis, Carlos M. Vázquez
Habeas As Forum Allocation: A New Synthesis, Carlos M. Vázquez
University of Miami Law Review
The scope of habeas relief for state prisoners, especially during the decades before the Supreme Court’s 1953 decision in Brown v. Allen, is a famously disputed question—one of recognized significance for contemporary debates about the proper scope of habeas review. This Article provides a new answer. It argues that, until the enactment of Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), it was broadly accepted that state prisoners were entitled to plenary federal review of the legal and mixed law/fact questions decided against them by state courts. Until 1916, such review was provided by the Supreme Court; after 1953, …
Hurst V. Florida’S Ha’P’Orth Of Tar: The Need To Revisit Caldwell, Clemons, And Proffitt, Craig Trocino, Chance Meyer
Hurst V. Florida’S Ha’P’Orth Of Tar: The Need To Revisit Caldwell, Clemons, And Proffitt, Craig Trocino, Chance Meyer
University of Miami Law Review
In Hurst v. Florida, the Supreme Court held Florida’s death penalty scheme violated the Sixth Amendment because judges, rather than juries, found sentencing facts necessary to impose death. That Sixth Amendment ruling has implications for Florida’s Eighth Amendment jurisprudence.
Under the Eighth Amendment rule of Caldwell v. Mississippi, capital juries must appreciate their responsibility for death sentencing. Yet, Florida has instructed juries that their fact-findings merely support sentencing recommendations, while leaving the ultimate sentencing decision to a judge. Because Hurst clarifies that the Sixth Amendment requires juries to find the operative set of facts on which sentences are …
You Can’T Handle The Truth: A Primer On False Confessions, Craig J. Trocino
You Can’T Handle The Truth: A Primer On False Confessions, Craig J. Trocino
University of Miami Race & Social Justice Law Review
No abstract provided.
Taking The Direct File Statute To Criminal Court: Immigration Consequences For Juveniles, Marlon J. Baquedano
Taking The Direct File Statute To Criminal Court: Immigration Consequences For Juveniles, Marlon J. Baquedano
University of Miami Race & Social Justice Law Review
Florida is one of fifteen jurisdictions in the United States that have enacted a direct file statute that grants prosecutors the ability to transfer juveniles from the juvenile justice system to adult court. Critiques of the direct file statute have focused on its effectiveness on deterrence and recidivism, its arbitrariness in application, and the tension with the role of juvenile justice in reforming rather than punishing youth. This Note explores the harmful consequences of the direct file statute on non-citizen youth in immigration proceedings and the probability of obtaining immigration relief. An adult conviction as opposed to a juvenile delinquency …
Sentence Structure: Prohibiting “Second Or Successive” Habeas Petitions After Patterson V. Secretary, Christina M. Frohock
Sentence Structure: Prohibiting “Second Or Successive” Habeas Petitions After Patterson V. Secretary, Christina M. Frohock
University of Miami Law Review
The Eleventh Circuit’s recent opinion in Patterson v. Secretary includes a heated dispute over the prohibition against “second or successive” habeas corpus petitions in 28 U.S.C.§ 2244(b). Considering an amended criminal sentence from Florida state court, the majority and dissenting opinions structure that sentence differently and, thus, apply the prohibition differently. This Article argues that both the majority and the dissent conceal policy judgments beneath the surface of legal decision-making. First, the Article analyzes the statutory prohibition against “second or successive” habeas petitions, as applied previously by the U.S. Supreme Court in Magwood v. Patterson and by the Eleventh Circuit …
A Bronx Tale: Disposable People, The Legacy Of Slavery, And The Social Death Of Kalief Browder, D. Marvin Jones
A Bronx Tale: Disposable People, The Legacy Of Slavery, And The Social Death Of Kalief Browder, D. Marvin Jones
University of Miami Race & Social Justice Law Review
No abstract provided.
Shoot To Kill: A Critical Look At Stand Your Ground Laws, Tamara Rice Lave
Shoot To Kill: A Critical Look At Stand Your Ground Laws, Tamara Rice Lave
University of Miami Law Review
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.
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.
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.
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.
Mandatory And Permissive Presumptions In Criminal Cases: The Morass Created By Allen, Shari L. Jacobson
Mandatory And Permissive Presumptions In Criminal Cases: The Morass Created By Allen, Shari L. Jacobson
University of Miami Law Review
No abstract provided.
Michigan V. Long: The Inadequacies Of Independent And Adequate State Grounds, Patricia Fahlbusch, Daniel Gonzalez
Michigan V. Long: The Inadequacies Of Independent And Adequate State Grounds, Patricia Fahlbusch, Daniel Gonzalez
University of Miami Law Review
No abstract provided.
Indicia Of Reliability And Face To Face Confrontation: Emerging Issues In Child Sexual Abuse Prosecutions, Michael H. Graham
Indicia Of Reliability And Face To Face Confrontation: Emerging Issues In Child Sexual Abuse Prosecutions, Michael H. Graham
University of Miami Law Review
No abstract provided.
See No Evil? Can Insulation Of Child Sexual Abuse Victims Be Accomplished Without Endangering The Defendant's Constitutional Rights?, Wallace J. Mlyniec, Michelle M. Dally
See No Evil? Can Insulation Of Child Sexual Abuse Victims Be Accomplished Without Endangering The Defendant's Constitutional Rights?, Wallace J. Mlyniec, Michelle M. Dally
University of Miami Law Review
No abstract provided.
Diagnostic Evaluations And The Use Of Videotapes In Child Sexual Abuse Cases, Kee Macfarlane
Diagnostic Evaluations And The Use Of Videotapes In Child Sexual Abuse Cases, Kee Macfarlane
University of Miami Law Review
No abstract provided.
The Child Witness: The Progress And Emerging Limitations, Lucy Berliner
The Child Witness: The Progress And Emerging Limitations, Lucy Berliner
University of Miami Law Review
No abstract provided.
Other Crimes Evidence To Prove The Corpus Delicti Of A Child Sexual Offense, Amber Donner-Froelich
Other Crimes Evidence To Prove The Corpus Delicti Of A Child Sexual Offense, Amber Donner-Froelich
University of Miami Law Review
No abstract provided.
The Competency Requirement For The Child Victim Of Sexual Abuse: Must We Abandon It?, Robin W. Morey
The Competency Requirement For The Child Victim Of Sexual Abuse: Must We Abandon It?, Robin W. Morey
University of Miami Law Review
No abstract provided.
Child Sexual Assault: Children's Memory And The Law, Gail S. Goodman, Vicki S. Helgeson
Child Sexual Assault: Children's Memory And The Law, Gail S. Goodman, Vicki S. Helgeson
University of Miami Law Review
No abstract provided.
Expert Testimony In Child Sexual Abuse Cases, Rebecca J. Roe
Expert Testimony In Child Sexual Abuse Cases, Rebecca J. Roe
University of Miami Law Review
No abstract provided.
Child Sexual Abuse Prosecutions: The Current State Of The Art, Michael H. Graham
Child Sexual Abuse Prosecutions: The Current State Of The Art, Michael H. Graham
University of Miami Law Review
No abstract provided.