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Foreword: Beyond Blakely And Booker: Pondering Modern Sentencing Process, Douglas A. Berman
Foreword: Beyond Blakely And Booker: Pondering Modern Sentencing Process, Douglas A. Berman
The Ohio State University Moritz College of Law Working Paper Series
The Supreme Court’s landmark decision in Blakely v. Washington and its federal follow-up United States v. Booker are formally about the meaning and reach of the Sixth Amendment’s right to a jury trial. But these decisions implicate and reflect, both expressly and implicitly, a much broader array of constitutional provisions and principles, in particular, the Due Process Clause of the Fifth and Fourteenth Amendments and the notice provision of the Sixth Amendment. And the future structure and operation of modern sentencing systems may greatly depend on how courts and others approach the due process provisions and principles which lurk in …
The Two Unanswered Questions Of Illinois V. Caballes: How To Make The World Safe For Binary Searches, Ric Simmons
The Two Unanswered Questions Of Illinois V. Caballes: How To Make The World Safe For Binary Searches, Ric Simmons
The Ohio State University Moritz College of Law Working Paper Series
This Article discusses the recent Supreme Court decision Illinois v. Caballes, which held that the Fourth Amendment does not bar the use of drug-detection dogs, even in the absence of reasonable suspicion. It argues that the Caballes case paves the way for widespread and indiscriminant use of a new type of surveillance known as a binary search. A binary search is defined as a search which provides the law enforcement official with no information about the subject other than whether or not illegal activity is present. Drug-detection dogs are one example of a binary search, but there are many others …