Law Commons^™

Grand Jury Innovation: Toward A Functional Makeover Of The Ancient Bulwark Of Liberty, Roger Fairfax

Articles in Law Reviews & Other Academic Journals

The grand jury is a "much maligned" organ of the criminal justice system.' Regularly employed in only about half of the states and grudgingly tolerated in the federal system,2 the American grand jury for two centuries has been criticized as costly, ineffective, overly-compliant, and redundant. Prescriptions have ranged from reforms designed to improve the grand jury's performance of its traditional filtering and charging functions to the outright abolition of the grand jury. Consequently, much of the scholarly defense of the grand jury seemingly has done little more than attempt to justify its very existence.

This Article seeks to take the …

Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled, Ross Oklewicz

Articles in Law Reviews & Journals

In 2009, the Supreme Court handed down several important decisions on criminal procedure. Perhaps unanticipated at the time, two of those decisions have been read together by lower courts to reach dramatically different results. The emerging split has been sharp, bringing with it urgent calls for the Court to intervene.

Laying the foundation for the conflicting decisions was New York v. Belton, in which the Supreme Court held that “when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of the automobile” …

One Free Swerve? Requiring Police To Corroborate Anonymous Tips In Order To Establish Reasonable Suspicion For Warrantless Seizure Of Alleged Drunk Drivers, Michael B. Kunz

Distinguished Student Research Papers

The Supreme Court holds that warrantless searches and seizures are presumptively unreasonable. Nonetheless, the Court has carved out exceptions that give law enforcement officials considerable flexibility with which to conduct their day-to-day criminal investigations. One such exception to the warrant requirement is that police may stop and question an individual so long as the detaining officer has a reasonable belief that criminal activity may be taking place. Furthermore, the Court permits this requisite reasonable suspicion to be based on information provided by third-party sources, and has identified specific limits as to the type and quality of information police may use. …

Curriculum: Investigating Allegations Of Staff Sexual Misconduct With Offenders (Facilitator's Guide), Brenda V. Smith, Morris L. Thigpen, Thomas Beauclair, Dee Halley, Jaime M. Yarussi, Marcia Morgan, Aaron Aldrich, Darrell Alley, Roy Austin, Diane Berman, Susan Carle, Wally Carmichael, Deborah Connor, Dan Dunne, Karen Giannakoulias, Katherine Huffman, Madeleine Lamarre, Susan Mccampbell, Andie Moss, Mary Pinn, Susan Poole, Keith Reid, Jo Sterns, Melissa Turner, A.T. Wall

Reports

Investigating Allegations of Staff Sexual Misconduct with Offenders is a 36-hour educational program that addresses the complex issues in investigations of staff on offender sexual abuse in correctional settings. It is primarily designed for investigators, prosecutors, human resource administrators, and high-level correctional administrators, but can be adapted for other audiences.

Before the lesson plans begin on page 31, you will find background information for the instructor. First you will find the proposed program agenda for the training, a list of topics and break times. This provides the instructor with a snapshot of the entire training; each module, topic and time …

Introductory Note For The International Criminal Court, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: On February 3, 2010, the Appeals Chamber of the International Criminal Court (ICC) issued its judgment on the appeal of the Prosecutor against the decision of the Pre-Trial Chamber (PTC) denying his application for an arrest warrant against President of Sudan, Omar Hassan Ahmad Al Bashir in relation to the crime of genocide. Holding that the PTC had applied an erroneous standard of proof, the Appeals Chamber reversed the PTC's decision and directed it to reconsider whether the warrant should be issued in light of the Appeals Chamber's discussion of the appropriate standard of proof.

Racializing Disability, Disabling Race: Policing Race And Mental Status, Camille Nelson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Outsourcing Criminal Prosecution?: The Limits Of Criminal Justice Privatization, Roger Fairfax

Articles in Law Reviews & Other Academic Journals

In an era of scarce public resources, many jurisdictions are being forced to take drastic measures to address severe budgetary constraints on the administration of criminal justice. As prosecutors' budgets around the nation are being scaled back and enforcement capacities are being narrowed, one conceivable response is the outsourcing of the criminal prosecution function to private lawyers. Indeed, prosecution outsourcing currently is utilized in surprising measure by jurisdictions in the United States.

This Article, prepared for the University of Chicago Legal Forum Symposium on Crime, Criminal Law, and the Recession, argues that the outsourcing trend in criminal justice-seen most prominently …

The Katanga Complementarity Decisions, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

On 25 September 2009, the Appeals Chamber of the International Criminal Court (ICC) issued a seminal decision on the subject of complementarity in the case Prosecutor v. Germain Katanga. The outcome of the Chamber's decision is that, even if a state has initiated an investigation or prosecution against an individual, the ICC may prosecute that individual for the same crimes or even a more selective range of crimes, so long as the state is willing to close the ongoing investigation or prosecution at the request of the ICC Prosecutor. While this decision is defensible under the language of the Rome …

Billions (Yes, With A B) For Prevention, Victim Services, Law Enforcement, Underserved Populations And The Courts, And Looking Ahead To Vawa Iv, Leslye Orloff, Claudia Bayliff, Lisalyn Jacobs, Lynn Hecht Schafran, Juley Fulcher

Articles in Law Reviews & Other Academic Journals

[panelist] I feel like I have gone on a trip down memory lane. I want to take us back in time to give you an idea of what it looked like for immigrant women, women of color, and underserved communities in 1994, in terms of access to services and assistance for domestic violence and sexual assault. In those days there were very few programs-and we could probably count them on two, maybe four hands nationally-that were working specifically and had expertise working with immigrant victims, non-English-speaking victims, and women of color victims. Those programs were isolated from each other. In …

Introduction To Panel On Gender Crimes At The International Level Proceedings Of The Third International Humanitarian Law Dialogs, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: On February 3, 2010, the Appeals Chamber of the International Criminal Court (ICC) issued its judgment on the appeal of the Prosecutor against the decision of the Pre-Trial Chamber (PTC) denying his application for an arrest warrant against President of Sudan, Omar Hassan Ahmad Al Bashir in relation to the crime of genocide. Holding that the PTC had applied an erroneous standard of proof, the Appeals Chamber reversed the PTC's decision and directed it to reconsider whether the warrant should be issued in light of the Appeals Chamber's discussion of the appropriate standard of proof.