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Full-Text Articles in Law
Taking Two-Steps Around Miranda: Why The Seventh Circuit Should Abandon The Intent-Based Test, Nicholas A. J. Betts
Taking Two-Steps Around Miranda: Why The Seventh Circuit Should Abandon The Intent-Based Test, Nicholas A. J. Betts
Seventh Circuit Review
In Missouri v. Seibert, the Supreme Court prohibited law enforcement from employing a tactic known as the two-step interrogation. Two-step interrogations involve the questioning of a suspect while intentionally withholding the Miranda warnings, once the questioning elicits a confession, the suspect is warned and asked to repeat the now-admissible statement. The Seibert opinion created two potential tests for determining whether a two-step interrogation has occurred, like many circuits, the Seventh Circuit has applied these tests inconsistently. This Note summarizes the Supreme Court's decisions in Miranda and Seibert, examines the Seventh Circuit's application of Seibert, and advocates for …
Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell
Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell
Touro Law Review
No abstract provided.
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Touro Law Review
No abstract provided.
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
Touro Law Review
No abstract provided.
The Right To Remain Silent: Garcetti V. Ceballos And A Public Employee's Refusal To Speak Falsely, Ashley M. Cross
The Right To Remain Silent: Garcetti V. Ceballos And A Public Employee's Refusal To Speak Falsely, Ashley M. Cross
Missouri Law Review
Both Bowie and Jackler, when compared with a wide variety of public employee free speech case law, stand out as cases where a public employee is not seeking protection of his right to speak, but rather, is seeking protection of the right not to speak falsely or protection of the right to refrain from speaking at all. This Summary seeks to review the progression of public employee case law up to Garcetti and then discusses Garcetti's effect on subsequent circuit decisions attempting to apply its standards. Next, a review of the ineffectiveness of current whistleblower protection laws suggests that employees …
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
Northwestern Journal of Law & Social Policy
Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …
New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein
Touro Law Review
No abstract provided.
Convicting Lennie: Mental Retardation, Wrongful Convictions, And The Right To A Fair Trial, John H. Blume, Sheri Lynn Johnson, Susan E. Millor
Convicting Lennie: Mental Retardation, Wrongful Convictions, And The Right To A Fair Trial, John H. Blume, Sheri Lynn Johnson, Susan E. Millor
NYLS Law Review
No abstract provided.
Exonerating The Innocent: Pretrial Innocence Procedures, Tim Bakken, Lewis M. Steel
Exonerating The Innocent: Pretrial Innocence Procedures, Tim Bakken, Lewis M. Steel
NYLS Law Review
No abstract provided.
Coming Clean: The Erosion Of Juvenile Miranda Rights In New York State, Justin Ashenfelter
Coming Clean: The Erosion Of Juvenile Miranda Rights In New York State, Justin Ashenfelter
NYLS Law Review
No abstract provided.