Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (27)
- Washington and Lee University School of Law (15)
- Cornell University Law School (9)
- University of Michigan Law School (6)
- West Virginia University (6)
-
- William & Mary Law School (6)
- Columbia Law School (5)
- UC Law SF (4)
- American University Washington College of Law (3)
- Cleveland State University (3)
- Mercer University School of Law (3)
- St. John's University School of Law (3)
- University of Colorado Law School (3)
- University of Washington School of Law (3)
- Boston University School of Law (2)
- Brooklyn Law School (2)
- Case Western Reserve University School of Law (2)
- Pace University (2)
- Saint Louis University School of Law (2)
- Selected Works (2)
- UIC School of Law (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Miami Law School (2)
- University of Oklahoma College of Law (2)
- University of the District of Columbia School of Law (2)
- University of the Pacific (2)
- Brigham Young University Law School (1)
- Georgia State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Roger Williams University (1)
- Keyword
-
- United states constitution (21)
- Supreme Court (18)
- Capital punishment sentencing (13)
- Death penalty (13)
- New york constitution (13)
-
- Article I section 6 (10)
- Capital punishment (10)
- Appellate Division (9)
- New york state constitution (9)
- Search and Seizure (9)
- Article I section 12 (8)
- Criminal law (8)
- Fifth amendment (8)
- Fourth amendment (8)
- Murder (8)
- Sixth amendment (8)
- United States Supreme Court (7)
- Court of Appeals (6)
- Criminal Procedure (6)
- Comparative law (5)
- Criminal procedure (5)
- Witnesses (5)
- Criminal Law (4)
- Criminal justice (4)
- Criminal possession of controlled substance (4)
- Criminal procedure -- United States (4)
- Due process (4)
- Right to Counsel (4)
- Batson v. Kentucky (3)
- Criminal procedure -- European Union countries (3)
- Publication
-
- Touro Law Review (27)
- Capital Defense Journal (13)
- Faculty Scholarship (13)
- Cornell Law Faculty Publications (9)
- Articles (7)
-
- Faculty Publications (7)
- West Virginia Law Review (6)
- All Faculty Scholarship (3)
- Mercer Law Review (3)
- Michigan Law Review (3)
- Publications (3)
- William & Mary Bill of Rights Journal (3)
- Articles in Law Reviews & Other Academic Journals (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Law Faculty Articles and Essays (2)
- Law Faculty Publications (2)
- Oklahoma Law Review (2)
- University of Arkansas at Little Rock Law Review (2)
- University of the District of Columbia Law Review (2)
- Articles by Maurer Faculty (1)
- Brian S. Clarke (1)
- Brigham Young University Journal of Public Law (1)
- Evangeline Sarda (1)
- Faculty Publications By Year (1)
- Faculty Works (1)
- Journal of Law and Health (1)
- Kentucky Law Journal (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarship (1)
- McGeorge Law Review (1)
- Publication Type
Articles 1 - 30 of 134
Full-Text Articles in Law
The Federalization Of Crime And Sentencing, Nora V. Demleitner
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
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
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
What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow
Faculty Scholarship
No abstract provided.
Aggravation And Mitigation In Capital Cases: What Do Jurors Think?, Stephen P. Garvey
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 lack …
Death By Default: State Procedural Default Doctrine In Capital Cases, John H. Blume, Pamela A. Wilkins
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 to enforcing …
Lawyering Up, Jack M. Beermann, Susan Bandes
Lawyering Up, Jack M. Beermann, Susan Bandes
Faculty Scholarship
The widespread dissemination of knowledge about the Miranda protections is often referred to as one of the most successful efforts ever made to educate the American public about its constitutional rights. Studies confirm that a high percentage of the public is aware of Miranda, largely due to television and other mass media. This article asks the question: if television is educating the public about its Miranda rights, what exactly is it teaching us? As fans of the cop show NYPD Blue (a show in which the interrogation and confession are often the dramatic focus) we use that show to explore …
Clinical Methodology And The Presentation Of Asian Pacific American Issues, Evangeline Sarda
Clinical Methodology And The Presentation Of Asian Pacific American Issues, Evangeline Sarda
Evangeline Sarda
No abstract provided.
Section 4: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Investigating And Trying A Homicide Case, Andrea Lyon
Investigating And Trying A Homicide Case, Andrea Lyon
Law Faculty Publications
No abstract provided.
Post-Mccleskey Racial Discrimination Claims In Capital Cases, John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson
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 …
But Was He Sorry? The Role Of Remorse In Capital Sentencing, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells
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 is remorseful. …
Lie Detection: The Supreme Court's Polygraph Decision, Bennett L. Gershman
Lie Detection: The Supreme Court's Polygraph Decision, Bennett L. Gershman
Elisabeth Haub School of 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.
An Attempt To Level The Playing Field: Obtaining Resources In State And Federal Habeas, David D. Leshner
An Attempt To Level The Playing Field: Obtaining Resources In State And Federal Habeas, David D. Leshner
Capital Defense Journal
No abstract provided.
Dubois V. Greene No. 97-21, 1998 Wl 276282 (4th Cir. May 20, 1998)
Dubois V. Greene No. 97-21, 1998 Wl 276282 (4th Cir. May 20, 1998)
Capital Defense Journal
No abstract provided.
Fitzgerald V. Greene 150 F.3d 357 (4th Cir. 1998)
Fitzgerald V. Greene 150 F.3d 357 (4th Cir. 1998)
Capital Defense Journal
No abstract provided.
Wilson V. Greene 155 F.3d 396 (4th Cir. 1998)
Wilson V. Greene 155 F.3d 396 (4th Cir. 1998)
Capital Defense Journal
No abstract provided.
Wright V. Angelone 151 F.3d 151 (4th Cir. 1998)
Wright V. Angelone 151 F.3d 151 (4th Cir. 1998)
Capital Defense Journal
No abstract provided.
Jackson V. Commonwealth 499 S.E.2d 538 (Va. 1998)
Jackson V. Commonwealth 499 S.E.2d 538 (Va. 1998)
Capital Defense Journal
No abstract provided.
Can Shaming Punishments Educate?, Stephen P. Garvey
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.
Unconscious Racism And The Criminal Law, Sheri Johnson
Unconscious Racism And The Criminal Law, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger
Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger
Faculty Works
No abstract provided.
Federal Sentencing Guidelines, Andrea Wilson
Federal Sentencing Guidelines, Andrea Wilson
Mercer Law Review
Appeals attempting to resolve issues concerning the United States Sentencing Guidelines ("U.S.S.G.") continue to require much of the resources of the Eleventh Circuit Court of Appeals. The sentencing guidelines are the driving force behind thousands of prosecutions and appeals each year. However, the number of amendments to the guidelines has diminished in recent years, and the court seems to be free to do more fine-tuning than in the past.
Smith V. State: The Georgia Supreme Court Mandated Jury Instructions In Battered Person Syndrome Cases, Sherry M. Hall
Smith V. State: The Georgia Supreme Court Mandated Jury Instructions In Battered Person Syndrome Cases, Sherry M. Hall
Mercer Law Review
After a recent Georgia Supreme Court ruling, battered person syndrome is entitled to separate jury charges when the defendant properly establishes the battered person syndrome self-defense claim.
Criminal Procedure, Robin Jean Davis, Louis J. Palmer Jr.
Criminal Procedure, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
West Virginia Law Review
No abstract provided.
The American Adversary System, William T. Pizzi
The American Adversary System, William T. Pizzi
West Virginia Law Review
No abstract provided.
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
West Virginia Law Review
No abstract provided.
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
West Virginia Law Review
No abstract provided.
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
West Virginia Law Review
No abstract provided.