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Criminal Procedure

Criminal Law and Procedure

University of Pittsburgh School of Law Working Paper Series

Articles 1 - 7 of 7

Full-Text Articles in Law

Search Me?, John Burkoff Aug 2007

Search Me?, John Burkoff

University of Pittsburgh School of Law Working Paper Series

Professor Burkoff contends that most people who purportedly “consent” to searches by law enforcement officers are not really – "freely and voluntarily," as the Supreme Court decisional law supposedly requires – consenting to such searches. Yet, absent unusual circumstances, the great likelihood is that a court nonetheless will conclude that such consent was valid and any evidence seized admissible under the Fourth Amendment.

Professor Burkoff argues, however, that the Supreme Court’s 2006 decision in Georgia v. Randolph now dictates that the application of consent law doctrine should reflect the actual voluntariness (or involuntariness) of the questioned consents that come before the ...


Parallel Courts, Elena A. Baylis Feb 2007

Parallel Courts, Elena A. Baylis

University of Pittsburgh School of Law Working Paper Series

Even as American attention is focused on Iraq’s struggles to rebuild its political and legal systems in the face of violent sectarian divisions, another fractured society – Kosovo – has just begun negotiations to resolve the question of its political independence. The persistent ethnic divisions that have obstructed Kosovo’s efforts to establish multi-ethnic “rule of law” offer lessons in transitional justice for Iraq and other states.

In Kosovo today, two parallel judicial systems each claim absolute and exclusive jurisdiction over the province. One system is sponsored by the United Nations administration in Kosovo and is mostly, although not exclusively, staffed ...


Remembering Welsh White, John Burkoff Nov 2006

Remembering Welsh White, John Burkoff

University of Pittsburgh School of Law Working Paper Series

This paper was an adaptation from a eulogy for Welsh White, an esteemed Criminal Procedure professor at the University of Pittsburgh School of Law.


Terrorism And The New Criminal Process, John Parry Sep 2005

Terrorism And The New Criminal Process, John Parry

University of Pittsburgh School of Law Working Paper Series

Executive and legislative actions after 9/11 demonstrate a shift in the way the federal government combats terrorism. Traditional law enforcement entities have been given new powers, and military and intelligence personnel have taken on a new prominence. Criminal prosecutions are still being brought against persons suspected of terrorist activity, but the government seems less willing to accord criminal trials a central role in anti-terror efforts. In short, we are seeing the creation of a “new criminal process” for terrorism, a process that in many cases bypasses federal courts and operates wholly outside the territorial boundaries of the United States ...


Have We Come Full Circle? Judicial Sentencing Discretion Restored In Booker And Fanfan, Sandra D. Jordan Apr 2005

Have We Come Full Circle? Judicial Sentencing Discretion Restored In Booker And Fanfan, Sandra D. Jordan

University of Pittsburgh School of Law Working Paper Series

The much anticipated Supreme Court decision in United States v. Booker and Fanfan has both invalidated the mandatory nature of the federal Sentencing Guidelines as well as restored judicial discretion for federal judges. With the Booker decision there is a renewed opportunity to correct some of the imbalance that came about as a result of the mandatory guidelines and the sentencing policies of the past twenty years. Booker has implications for all future sentencing as the power between the judiciary and the jury has been realigned and the power of the government has been reduced. Sentencing cannot accomplish legitimate goals ...


Constitutional Interpretation And Coercive Interrogation After Chavez V. Martinez, John Parry Jul 2004

Constitutional Interpretation And Coercive Interrogation After Chavez V. Martinez, John Parry

University of Pittsburgh School of Law Working Paper Series

Using the Supreme Court's decision last Term in Chavez v. Martinez as a launching pad, this article reveals and addresses fundamental tensions in constitutional interpretation, the law of interrogation, and civil rights litigation. First, this article highlights the importance of remedies to the definition of constitutional rights, which compels us to jettison the idea of prophylactic rules and accept Congress's role in constitutional interpretation. Armed with these insights, the article next considers the law of coercive interrogation. I explain why the privilege against self-incrimination is more than a trial right, and I redefine the central holding of Miranda ...


A Deadly Dilemma: Strategic Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White Sep 2003

A Deadly Dilemma: Strategic Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White

University of Pittsburgh School of Law Working Paper Series

In this Article, I will contrast the choices of defense attorneys with wide experience in capital cases with those made by defense attorneys who lack such experience, and assess Wiggins v. Smith's possible impact on the question of whether the latter group's choices constitute deficient performance under the first prong of the Strickland test. Broadly stated, my thesis is that in representing capital defendants with a strong claim of innocence, certain axioms that govern the practices of experienced capital-defense attorneys should be viewed as professional norms, and, in most instances, a capital-defense attorney's failure to comply with ...