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Series

1998

Criminal Procedure

Institution
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Articles 1 - 30 of 49

Full-Text Articles in Law

The Federalization Of Crime And Sentencing, Nora V. Demleitner Dec 1998

The Federalization Of Crime And Sentencing, Nora V. Demleitner

Scholarly Articles

Not available.


Aveux Incités Par Les Officiers Chargés De L’Application De La Loi, L’Expérience Des Etats-Unis, Paul Marcus Dec 1998

Aveux Incités Par Les Officiers Chargés De L’Application De La Loi, L’Expérience Des Etats-Unis, Paul Marcus

Faculty Publications

No abstract provided.


The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb Nov 1998

The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb

Cornell Law Faculty Publications

Supreme Court doctrine protects two seemingly distinct kinds of interests under the heading of privacy rights: one "substantive," the other "procedural." The Fourth Amendment guarantee against "unreasonable searches and seizures" has been generally interpreted to protect procedural privacy. Searches are typically defined as governmental inspections of activities and locations in which an individual has a reasonable expectation of privacy from observation. In the typical case, this reasonable expectation of privacy may be breached only where the government has acquired a quantitatively substantial objective basis for believing that the search would uncover evidence of a crime. Substantive privacy rights have not ...


What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow Oct 1998

What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow

Faculty Scholarship

No abstract provided.


Death By Default: State Procedural Default Doctrine In Capital Cases, John H. Blume, Pamela A. Wilkins Oct 1998

Death By Default: State Procedural Default Doctrine In Capital Cases, John H. Blume, Pamela A. Wilkins

Cornell Law Faculty Publications

Before 1991, South Carolina capital defendants benefitted from lenient policies of error preservation. However, in 1991 the South Carolina Supreme Court put an end to these policies and began enforcing default rules that are more draconian than those of any other American jurisdiction with a death penalty. Furthermore, the South Carolina Supreme Court’s decisions have made it difficult for trial practitioners to discern the rules under which they must operate. Taken in combination, the strictness of the new procedural policy, the lack of clarity regarding the applicable rules, and the South Carolina Supreme Court’s often ad hoc approach ...


Aggravation And Mitigation In Capital Cases: What Do Jurors Think?, Stephen P. Garvey Oct 1998

Aggravation And Mitigation In Capital Cases: What Do Jurors Think?, Stephen P. Garvey

Cornell Law Faculty Publications

The Capital Jury Project in South Carolina interviewed jurors who sat in forty-one capital murder cases. The Project asked jurors a range of questions relating to crime, the defendant, the victim, the victim's family, the jurors' deliberations, the conduct of counsel, and background characteristics of the jurors. In this essay, Professor Stephen P. Garvey presents and examines data from the Project relating to the importance jurors attach to various aggravating and mitigating factors. The results suggest that jurors have a discernible moral compass. According to the data, jurors found especially brutal killings, killings with child victims, future dangerousness, and ...


Section 4: Criminal Law And Procedure, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 1998

Section 4: Criminal Law And Procedure, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Investigating And Trying A Homicide Case, Andrea Lyon Sep 1998

Investigating And Trying A Homicide Case, Andrea Lyon

Law Faculty Publications

No abstract provided.


Lie Detection: The Supreme Court's Polygraph Decision, Bennett L. Gershman Sep 1998

Lie Detection: The Supreme Court's Polygraph Decision, Bennett L. Gershman

Pace Law Faculty Publications

In United States v. Scheffer, decided this past Term, the Supreme Court considered for the first time the admissibility of polygraph evidence. The Court held that exclusion of such evidence on behalf of a criminal defendant was supported by valid justifications and offended no constitutional right to present a defense.


But Was He Sorry? The Role Of Remorse In Capital Sentencing, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells Sep 1998

But Was He Sorry? The Role Of Remorse In Capital Sentencing, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Cornell Law Faculty Publications

What role does remorse really play in capital sentencing? We divide this basic question in two. First, what makes jurors come to believe a defendant is remorseful? Second, does a belief in the defendant's remorse affect the jury's final judgment of life or death? Here we present a systematic, empirical analysis that tries to answer these questions.

What makes jurors think a defendant is remorseful? Among other things, we find that the more jurors think that the crime is coldblooded, calculated, and depraved and that the defendant is dangerous, the less likely they are to think the defendant ...


Post-Mccleskey Racial Discrimination Claims In Capital Cases, John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson Sep 1998

Post-Mccleskey Racial Discrimination Claims In Capital Cases, John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson

Cornell Law Faculty Publications

In federal habeas corpus proceedings, Earl Matthews, an African American, South Carolina death row inmate, alleged that his death sentence was the result of invidious racial discrimination that violated the Equal Protection Clause of the Fourteenth Amendment. To support his contention, Matthews presented statistical evidence showing that in Charleston County, where a jury convicted him and sentenced him to death, the prosecutor was far more likely to seek a death sentence for a Black defendant accused of killing a white person than for any other racial combination of victims and defendants, and also that such a Black defendant was more ...


Unconscious Racism And The Criminal Law, Sheri Johnson Jul 1998

Unconscious Racism And The Criminal Law, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.


Can Shaming Punishments Educate?, Stephen P. Garvey Jul 1998

Can Shaming Punishments Educate?, Stephen P. Garvey

Cornell Law Faculty Publications

So-called "shaming" penalties have received a fair amount of attention in the popular press and, thanks primarily to the work of Dan Kahan and Toni Massaro, in the legal literature as well. Unfortunately, the current debate focuses on "shame" as the main way to understand what these penalties are all about. I argue that at least some of these so-called shaming penalties are better understood as "educative" penalties. I develop this "educating model" and contrast it with the "shaming model." I also suggest that penalties fitting the educating model have more normative appeal than those fitting the shaming model.


Coping With "Loss": A Re-Examination Of Sentencing Federal Economic Crimes Under The Guidelines, Frank O. Bowman Iii Apr 1998

Coping With "Loss": A Re-Examination Of Sentencing Federal Economic Crimes Under The Guidelines, Frank O. Bowman Iii

Faculty Publications

This Article has three objectives. First, it attempts to rethink the sentencing of federal economic criminals in light of the basic purposes of sentencing and of the Guidelines' particular structure and objectives. Second, it examines the deficiencies in the current sentencing guidelines regarding theft, fraud, and other economic crimes, and the problem areas in the case law construing those guidelines. Third, it proposes and analyzes a consolidated guideline, together with accompanying application notes, for sentencing virtually all theft and fraud cases (a draft of which follows the text of this Article as Appendix A).


Integrated Criminal Justice Technologies: An Introduction, J. Clark Kelso Jan 1998

Integrated Criminal Justice Technologies: An Introduction, J. Clark Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.


Individual Liability For Conduct By Criminal Organizations In The United States, Peter J. Henning Jan 1998

Individual Liability For Conduct By Criminal Organizations In The United States, Peter J. Henning

Law Faculty Research Publications

No abstract provided.


Four Entries, Richard Adelstein Jan 1998

Four Entries, Richard Adelstein

Division II Faculty Publications

Four entries: "American Institutional Economics and the Legal System" (I: 61-66); "John Rogers Commons" (I: 324-327); Richard Theodore Ely" (II: 28-29); and "Plea Bargaining: A Comparative Approach"


Double Jeopardy: “Same Offense”, Paul C. Giannelli Jan 1998

Double Jeopardy: “Same Offense”, Paul C. Giannelli

Faculty Publications

No abstract provided.


Spain Returns To Trial By Jury, Stephen C. Thaman Jan 1998

Spain Returns To Trial By Jury, Stephen C. Thaman

All Faculty Scholarship

In 1995, the Spanish Parliament reenacted trial by jury in criminal cases by implementing a mandate of the 1978 post Franco Spanish Constitution. This article discusses the 17 year dispute, following the ratification of the democratic post-Franco Spanish Constitution, on whether Article 25 mandated the reintroduction of lay participation in the criminal trial, and, if so, whether in the form of the classic jury or a continental European style court with lay assessors. This article analyzes the Law on Trial by Jury and its implementation in the first year of trials, and references Spain’s experience with trial by jury ...


The Jury Returns To Continental Europe: Russia And Spain Return To The Classic Jury As A Catalyst In A Move To A More Adversary Form Of Criminal Trial, Stephen C. Thaman Jan 1998

The Jury Returns To Continental Europe: Russia And Spain Return To The Classic Jury As A Catalyst In A Move To A More Adversary Form Of Criminal Trial, Stephen C. Thaman

All Faculty Scholarship

This paper briefly compares the provisions of the Russian Jury Law of 1993 and the Spanish Jury Law of 1995 and their application in the first trials, with special attention to the effect of the re-injection of a classic jury. Citations in regard to Russia rely on the author’s exhaustive study of the legislative history of the new Russian Jury Law, its provisions, and its application in the first 114 trials in the years 1993-1994. The Spanish discussion relies on information gathered by the author on the first trials held in Spain since the law went into effect, and ...


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.


Double Jeopardy: “Twice In Jeopardy”, Paul C. Giannelli Jan 1998

Double Jeopardy: “Twice In Jeopardy”, Paul C. Giannelli

Faculty Publications

No abstract provided.


Publicity In High Profile Criminal Cases, H. Patrick Furman Jan 1998

Publicity In High Profile Criminal Cases, H. Patrick Furman

Articles

No abstract provided.


The Evidentiary Theory Of Blackmail: Taking Motives Seriously, Mitchell N. Berman Jan 1998

The Evidentiary Theory Of Blackmail: Taking Motives Seriously, Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.


Beyond Privacy, Beyond Probable Cause, Beyond The Fourth Amendment: New Strategies For Fighting Pretext Arrests, 69 U. Colo. L. Rev. 693 (1998), Timothy P. O'Neill Jan 1998

Beyond Privacy, Beyond Probable Cause, Beyond The Fourth Amendment: New Strategies For Fighting Pretext Arrests, 69 U. Colo. L. Rev. 693 (1998), Timothy P. O'Neill

UIC John Marshall Law School Open Access Faculty Scholarship

No abstract provided.


The Breard Case And The Virtues Of Forbearance, John G. Douglass Jan 1998

The Breard Case And The Virtues Of Forbearance, John G. Douglass

Law Faculty Publications

At a time when the scheduled execution of Angel Francisco Breard made Virginia the focus of a groundbreaking controversy over the reach of internationallaw into the domestic criminal process of the United States, law students and faculty at the University of Richmond had the unique opportunity to consider the case along with Philippe Sands, then a Visiting Allen Chair Professor at the University.


The Execution Of Search Warrants, H. Patrick Furman Jan 1998

The Execution Of Search Warrants, H. Patrick Furman

Articles

No abstract provided.


The American "Adversary System"?, William T. Pizzi Jan 1998

The American "Adversary System"?, William T. Pizzi

Articles

No abstract provided.


Slashing And Burning Prisoners' Rights: Congress And The Supreme Court In Dialogue, Susan Herman Jan 1998

Slashing And Burning Prisoners' Rights: Congress And The Supreme Court In Dialogue, Susan Herman

Faculty Scholarship

No abstract provided.


Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan Tsen Lee Jan 1998

Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan Tsen Lee

Faculty Scholarship

No abstract provided.