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Illegal Stops And The Exclusionary Rule: The Consequences Of Utah V. Strieff, Emily Sack Jan 2017

Illegal Stops And The Exclusionary Rule: The Consequences Of Utah V. Strieff, Emily Sack

Law Faculty Scholarship

No abstract provided.


Introduction To The Symposium On Child Witnesses In Sexual Abuse Cases, Carl T. Bogus Apr 2014

Introduction To The Symposium On Child Witnesses In Sexual Abuse Cases, Carl T. Bogus

Law Faculty Scholarship

No abstract provided.


The Costs Of Abusing Probationary Sentences: Overincarceration And The Erosion Of Due Process, Andrew Horwitz Apr 2010

The Costs Of Abusing Probationary Sentences: Overincarceration And The Erosion Of Due Process, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.


The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies Jan 2010

The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Prosecutors' New Ethical Duty Relating To Wrongful Convictions, Niki Kuckes Oct 2008

Prosecutors' New Ethical Duty Relating To Wrongful Convictions, Niki Kuckes

Law Faculty Scholarship

No abstract provided.


The Future Of Federal Sentencing Policy: Learning Lessons From Republican Judicial Appointees In The Guidelines Era, David M. Zlotnick Jan 2008

The Future Of Federal Sentencing Policy: Learning Lessons From Republican Judicial Appointees In The Guidelines Era, David M. Zlotnick

Law Faculty Scholarship

In the two years since the landmark Booker decision, federal sentencing policy has been in a state of suspended animation. This Article urges federal sentencing reform advocates to look to an unlikely source for realistic goals and ideological support --the experiences of Republican judicial appointees in the Guidelines Era. Its findings are based upon a long-term research project into cases in which Republican appointees stated their disagreement with the sentences required by law from the bench. The Article discusses the primary product of my research, forty comprehensive case profiles and their policy implications. Specifically, the Article demonstrates how the lessons ...


Civil Due Process, Criminal Due Process, Niki Kuckes Oct 2006

Civil Due Process, Criminal Due Process, Niki Kuckes

Law Faculty Scholarship

No abstract provided.


The Democratic Prosecutor: Explaining The Constitutional Function Of The Federal Grand Jury, Niki Kuckes Jun 2006

The Democratic Prosecutor: Explaining The Constitutional Function Of The Federal Grand Jury, Niki Kuckes

Law Faculty Scholarship

No abstract provided.


Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies Apr 2006

Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Police Prosecution In Rhode Island: The Unauthorized Practice Of Law, Andrew Horwitz, John R. Grasso Jan 2006

Police Prosecution In Rhode Island: The Unauthorized Practice Of Law, Andrew Horwitz, John R. Grasso

Law Faculty Scholarship

Every day in Rhode Island, police officers are practicing law without a license in both the District Court and the Traffic Tribunal. They do so with the full stamp of approval of the judges before whom they appear, despite the fact that the unauthorized practice of law is a crime in Rhode Island, as it is in every other state in the country. While one can certainly speculate about reasons why this practice has developed, there is nothing in any published decision of the Supreme Court of Rhode Island or in any state statute that appears to permit or justify ...


Above Contempt?: Regulating Government Overreaching In Terrorism Cases, Peter Margulies Jan 2005

Above Contempt?: Regulating Government Overreaching In Terrorism Cases, Peter Margulies

Law Faculty Scholarship

Prosecutors face the continual temptation to overreach in decisions about the control of information. At each phase of a criminal proceeding, from investigation through trial, prosecutors make crucial decisions about information to disclose and highlight with courts, juries, and the public. In ordinary times, courts, defense counsel, the media, and internal sources of oversight can place some constraints, however tenuous, on the prosecutor’s efforts to monopolize the management of information. However, external events, such as the attacks of September 11, 2001, can weaken these constraints, producing alarming spikes in prosecutorial power.


Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz Jan 2005

Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz

Law Faculty Scholarship

Imagine that you are falsely accused of a serious crime and that you are now on trial before a judge and jury. You knew before the trial began that the judge had a reputation as a “law and order” judge, as a judge who was not at all receptive to the arguments of most criminal defense attorneys. You have been watching as the judge and your attorney have been engaged in what appears to be an adversarial battle throughout the trial, but you have taken some comfort in the fact that it will be the jury, not the judge, who ...


The Use Of Prior Convictions After Apprendi, Colleen P. Murphy Apr 2004

The Use Of Prior Convictions After Apprendi, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.


Justice In Rhode Island: Edson Toro And Procedural Default, Larry J. Ritchie Apr 2004

Justice In Rhode Island: Edson Toro And Procedural Default, Larry J. Ritchie

Law Faculty Scholarship

No abstract provided.


The Right To Counsel In Criminal Cases: The Law And The Reality In Rhode Island District Court, Andrew Horwitz Apr 2004

The Right To Counsel In Criminal Cases: The Law And The Reality In Rhode Island District Court, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.


Shouting Into The Wind: District Court Judges And Federal Sentencing Policy, David M. Zlotnick Apr 2004

Shouting Into The Wind: District Court Judges And Federal Sentencing Policy, David M. Zlotnick

Law Faculty Scholarship

No abstract provided.


The Useful, Dangerous Fiction Of Grand Jury Independence, Niki Kuckes Jan 2004

The Useful, Dangerous Fiction Of Grand Jury Independence, Niki Kuckes

Law Faculty Scholarship

No abstract provided.


Delusions Of Grand Juries, Niki Kuckes Nov 2003

Delusions Of Grand Juries, Niki Kuckes

Law Faculty Scholarship

No abstract provided.


Coercion, Pop-Psychology, And Judicial Moralizing: Some Proposals For Curbing Judicial Abuse Of Probation Conditions, Andrew Horwitz Jan 2000

Coercion, Pop-Psychology, And Judicial Moralizing: Some Proposals For Curbing Judicial Abuse Of Probation Conditions, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.


Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz Jan 1998

Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.