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An Empirically Based Comparison Of American And European Regulatory Approaches To Police Investigation, Christopher Slobogin
An Empirically Based Comparison Of American And European Regulatory Approaches To Police Investigation, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article takes a comparative and empirical look at two of the most significant methods of police investigation: searches for and seizures of tangible evidence and interrogation of suspects. It first compares American doctrine regulating these investigative tools with the analogous rules predominant in Europe (specifically, England, France and Germany). It then discusses research on the American system that sheds light on the relative advantages and disadvantages of the two regulatory systems. More often than not, the existing data call into question preconceived notions of what "works." In particular, American reverence for search warrants, the exclusionary rule, and "Miranda" warnings …
Realities Of Rape: Of Science And Politics, Causes And Meanings, Owen D. Jones
Realities Of Rape: Of Science And Politics, Causes And Meanings, Owen D. Jones
Vanderbilt Law School Faculty Publications
This review essay discusses the book A Natural History of Rape: Biological Bases of Sexual Coercion, by Randy Thornhill and Craig Palmer (MIT Press, 2000). The essay builds on work previously appearing in Owen D. Jones, Sex, Culture, and the Biology of Rape: Toward Explanation and Prevention, 87 Cal. L. Rev. 827 (1999) and Owen D. Jones, Law and the Biology of Rape: Reflections on Transitions, 11 Hastings Women's Law Journal 151 (2000).
"Apprendi" And Plea Bargaining, Nancy J. King, Susan Riva Klein
"Apprendi" And Plea Bargaining, Nancy J. King, Susan Riva Klein
Vanderbilt Law School Faculty Publications
Before "Apprendi", prosecutors using recidivism as a club could, and did, regularly insist that defendants admit aggravating facts as part of the plea or face additional time. When the prosecutor's threats of added time were not persuasive and the proof of aggravating facts weak, the defendant prior to "Apprendi" could refuse to admit to the aggravating fact, and plead guilty only to the offense without the aggravating fact. Nothing about "Apprendi" gives additional leverage to the prosecutor in this situation. A defendant who, prior to "Apprendi", decided to risk trial rather than face the aggravated sentence will make the same …
Essential Elements, Nancy J. King, Susan Riva Klein
Essential Elements, Nancy J. King, Susan Riva Klein
Vanderbilt Law School Faculty Publications
The Court has struggled for well over a century with the issue of who has final authority to define what is a "crime" for purposes of applying procedural protections guaranteed by the Constitution in criminal cases. Just as labeling an action "civil" may allow the government to circumvent constitutional criminal procedure entirely, so labeling a fact an "affirmative defense" or a "sentencing factor" instead of an element of the offense may allow the government to escape constitutional criminal procedure selectively, bypassing the burden of proof, pleading, and jury requirements that would otherwise apply to an offense element. In its decision …