Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Loyola University Chicago, School of Law (21)
- Penn State Dickinson Law (8)
- St. John's University School of Law (7)
- Touro University Jacob D. Fuchsberg Law Center (7)
- Mitchell Hamline School of Law (6)
-
- Northwestern Pritzker School of Law (6)
- Seattle University School of Law (6)
- Brooklyn Law School (5)
- St. Mary's University (5)
- University at Buffalo School of Law (4)
- University of Maine School of Law (4)
- Washington and Lee University School of Law (4)
- William & Mary Law School (4)
- Fordham Law School (3)
- Georgia State University College of Law (3)
- Pace University (3)
- Southern Methodist University (3)
- Texas A&M University School of Law (3)
- Marquette University Law School (2)
- Pepperdine University (2)
- SJ Quinney College of Law, University of Utah (2)
- The University of Akron (2)
- Universitas Indonesia (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Arkansas, Fayetteville (2)
- University of Michigan Law School (2)
- University of Rhode Island (2)
- University of South Carolina (2)
- American University Washington College of Law (1)
- Bowling Green State University (1)
- Keyword
-
- Criminal law (11)
- Evidence (9)
- Criminal procedure (7)
- Constitution (6)
- Constitutional law (6)
-
- Court (6)
- New york (6)
- State (6)
- Death penalty (5)
- Discrimination (5)
- Due process (5)
- Eighth Amendment (5)
- Federal (5)
- Fourth Amendment (5)
- Supreme court (5)
- Criminal Procedure (4)
- Due Process (4)
- Prosecutorial Misconduct (4)
- Race (4)
- Sixth Amendment (4)
- Admissibility (3)
- Amendment (3)
- Bail (3)
- Capital punishment (3)
- City (3)
- Civil procedure (3)
- Court of appeals (3)
- Courts (3)
- Crime (3)
- Criminal Law (3)
- Publication
-
- Public Interest Law Reporter (21)
- Dickinson Law Review (2017-Present) (8)
- Touro Law Review (7)
- Journal of Criminal Law and Criminology (6)
- Mitchell Hamline Law Review (6)
-
- Seattle University Law Review (5)
- St. John's Law Review (5)
- Maine Law Review (4)
- Brooklyn Law Review (3)
- Buffalo Law Review (3)
- Fordham Law Review (3)
- Georgia State University Law Review (3)
- Pace Law Review (3)
- St. Mary's Law Journal (3)
- Texas A&M Law Review (3)
- William & Mary Law Review (3)
- Akron Law Review (2)
- Arkansas Law Review (2)
- Dignity: A Journal of Analysis of Exploitation and Violence (2)
- Journal of Civil Rights and Economic Development (2)
- Journal of Law and Policy (2)
- Marquette Law Review (2)
- Michigan Law Review (2)
- SMU Law Review (2)
- South Carolina Law Review (2)
- The Scholar: St. Mary's Law Review on Race and Social Justice (2)
- University of Arkansas at Little Rock Law Review (2)
- Utah Law Review (2)
- Washington and Lee Law Review (2)
- Bioethics in Faith and Practice (1)
Articles 121 - 149 of 149
Full-Text Articles in Law
A Rational Approach To Sentencing Offenders For Animal Cruelty: A Normative And Scientific Analysis Underpinning Proportionate Penalties For Animal Cruelty Offenders, Mirko Bagaric, Jane Kotzmann, Gabrielle Wolf
A Rational Approach To Sentencing Offenders For Animal Cruelty: A Normative And Scientific Analysis Underpinning Proportionate Penalties For Animal Cruelty Offenders, Mirko Bagaric, Jane Kotzmann, Gabrielle Wolf
South Carolina Law Review
No abstract provided.
Nolo Contendere Convictions: The Effect Of No Confession In Future Criminal Proceedings, Ramy Simpson
Nolo Contendere Convictions: The Effect Of No Confession In Future Criminal Proceedings, Ramy Simpson
Criminal Law Practitioner
No abstract provided.
Raising The Cost Of Using Title Iii Wiretap Evidence, Derik T. Fettig
Raising The Cost Of Using Title Iii Wiretap Evidence, Derik T. Fettig
Mitchell Hamline Law Review
No abstract provided.
Identifying A Proper Analytical Framework: Claims Of Admission Of Inadmissible Evidence As Prosecutorial Misconduct, Nicholas A. Hydukovich
Identifying A Proper Analytical Framework: Claims Of Admission Of Inadmissible Evidence As Prosecutorial Misconduct, Nicholas A. Hydukovich
Mitchell Hamline Law Review
No abstract provided.
The Criminal Continues To Go Free When The Constable Blunders: Testing The Boundaries Of Curtilage—State V. Chute, 908 N.W.2d 578 (Minn. 2018), Akina Khan
Mitchell Hamline Law Review
No abstract provided.
Note: Decarceration In A Mass Incarceration State: The Road To Prison Abolition, Robert H. Ambrose
Note: Decarceration In A Mass Incarceration State: The Road To Prison Abolition, Robert H. Ambrose
Mitchell Hamline Law Review
No abstract provided.
Advocating At The Intersection Of Law, Science, And Culture Change: Options For Changing Minnesota's Statute Of Limitations For Criminal Sexual Conduct Felonies, Caroline Palmer
Mitchell Hamline Law Review
No abstract provided.
Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn
Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn
SMU Law Review
Courtroom sentencing, as part of the judicial process, is a long-standing norm in the justice system of the United States. But this basic criminal law precept is currently under quiet attack. This is because some states are now allowing parole boards to step in to decide criminal penalties without first affording defendants lawful judicial branch sentencing proceedings and sentences. These outside-of-court punishment decisions are occurring in the cases of youthful offenders entitled to sentencing relief under Miller v. Alabama, which outlawed automatic life-without-parole sentences for children. Thus, some Miller-impacted defendants are being sentenced by parole- boards as executive …
Warrantless Searches Of Electronic Devices At U.S. Borders: Securing The Nation Or Violating Digital Liberty?, Ahad Khilji
Warrantless Searches Of Electronic Devices At U.S. Borders: Securing The Nation Or Violating Digital Liberty?, Ahad Khilji
Catholic University Journal of Law and Technology
The steady increase of U.S. citizens traveling with smart phones and other electronic devices has been met with the rise of searches and seizures by CBP officers at U.S borders. Although only less than 0.1% of all travelers may actually be subjected to a search while entering the United States, when comparing the statistics between a six month period in 2016 with the same period in 2017, electronic device searches have almost doubled from 8,383 to 14,993. Approximately one million travelers to the U.S. are inspected by the CBP every day. Out of this population, nearly 2,500 electronic devices are …
When The Icc Comes Knocking, The United States Should Welcome It With Open Arms, Brittney A. Dimond
When The Icc Comes Knocking, The United States Should Welcome It With Open Arms, Brittney A. Dimond
Washington International Law Journal
The Office of the Prosecutor of the International Criminal Court requested approval to open a formal investigation into war crimes and crimes against humanity allegedly committed in Afghanistan since May 2003. If the investigation is approved, the United States will have significant implications not only for relations going forward between the United States and the ICC, but also for the international communities' understanding of the Court's jurisdiction.Three of the United States' likely response options based on its past and current relationshipo with the ICC include: (1) declining to cooperate with the ICC based on a denial of jurisdiction due to …
Criminal Procedure: Confessions, Searches, And Seizures, Elizabeth G. Rozacky, The Honorable Michael E. Keasler
Criminal Procedure: Confessions, Searches, And Seizures, Elizabeth G. Rozacky, The Honorable Michael E. Keasler
SMU Annual Texas Survey
No abstract provided.
Pleading Guilty To Innocence: How Faulty Field Tests Provide False Evidence Of Guilt, Kaelyn Phelps
Pleading Guilty To Innocence: How Faulty Field Tests Provide False Evidence Of Guilt, Kaelyn Phelps
Roger Williams University Law Review
No abstract provided.
Promoting Equality Through Empirical Desert, Ilya Rudyak
Promoting Equality Through Empirical Desert, Ilya Rudyak
Texas A&M Law Review
According to empirical desert theory, good utilitarian grounds exist for distributing criminal punishment pursuant to the (retributive) intuitions of the lay community on criminal liability. This theory’s insights, based on original empirical research and informed by social science, have significantly influenced contemporary criminal law theory. Yet, ostensibly, the theory is hampered by serious limitations, which may have obstructed its progress and its potential to guide criminal justice reform. Chief among them: it draws from community intuitions, and community intuitions—as the theory acknowledges—are sometimes immoral. In addition to these “immorality objections,” (commonly illustrated by alluding to the antebellum South and Nazi …
“Show Me The Affidavit”— Ambiguity Persists In The Application Of The Common Law Right Of Access To Pre-Indictment Records, Nathaniel Hopkins
“Show Me The Affidavit”— Ambiguity Persists In The Application Of The Common Law Right Of Access To Pre-Indictment Records, Nathaniel Hopkins
SMU Law Review
No abstract provided.
A Blind Spot In Miranda Rights: Juveniles' Lack Of Understanding Regarding, Wadad Barakat
A Blind Spot In Miranda Rights: Juveniles' Lack Of Understanding Regarding, Wadad Barakat
St. Thomas Law Review
This Comment addresses the negative implications of juveniles who waive their Miranda rights due to lack of knowledge, fear, and lack of cognitive capabilities." First, this Comment will provide insight regarding the Fifth Amendment, the history of Miranda, and key cases that lead to the reform of Miranda. Second, this Comment will discuss juveniles' perspective of the Miranda language along with the police's perspective. In particular, it will emphasize the complexity of the language as it stands today and how juveniles' cognitive abilities are insufficiently developed to understand it. Lastly, this Comment will propose guidelines to prevent minors from giving …
Coerced Fate: How Negotiation Models Lead To False Confessions, Kiera Janzen
Coerced Fate: How Negotiation Models Lead To False Confessions, Kiera Janzen
Journal of Criminal Law and Criminology
Police interrogators across the United States employ tactics that can lead to coerced, often false, confessions. While police departments have shifted away from physically coercive methods of interrogation, psychologically coercive practices that utilize deceit have taken their place. The reliability of confession evidence becomes a significant concern when interrogators elicit confessions using these techniques. Further demonstrating the need for change in this realm, false confessions and wrongful convictions place a financial burden on cities and taxpayers, who foot the bill for settlements and damages resulting from these cases. The current legal framework in the U.S. permits—by failing to explicitly prohibit—these …
A Guiding Hand Or A Slap On The Wrist: Can Drug Courts Be The Solution To Maternal Opioid Use?, Cara O'Connor
A Guiding Hand Or A Slap On The Wrist: Can Drug Courts Be The Solution To Maternal Opioid Use?, Cara O'Connor
Journal of Criminal Law and Criminology
As the opioid epidemic has expanded its reach, the number of pregnant women addicted to opioids has increased exponentially in recent years. The increase in the number of opioid-addicted pregnant women has resulted in a drastic expansion in the number of newborns who experience Neonatal Abstinence Syndrome (NAS). Newborns affected with NAS experience painful withdrawal and cost more to care for due to their increased health needs. In an effort to address the growing number of pregnant women using opioids and babies born with NAS, some states have turned to the criminal justice system. Three states–Tennessee, South Carolina, and Alabama–have …
Artificial Intelligence And Role-Reversible Judgment, Kiel Brennan-Marquez, Stephen Henderson
Artificial Intelligence And Role-Reversible Judgment, Kiel Brennan-Marquez, Stephen Henderson
Journal of Criminal Law and Criminology
Intelligent machines increasingly outperform human experts, raising the question of when (and why) humans should remain ‘in the loop’ of decision-making. One common answer focuses on outcomes: relying on intuition and experience, humans are capable of identifying interpretive errors—sometimes disastrous errors—that elude machines. Though plausible today, this argument will wear thin as technology evolves.
In this Article, we seek out sturdier ground: a defense of human judgment that focuses on the normative integrity of decision-making. Specifically, we propose an account of democratic equality as ‘role-reversibility.’ In a democracy, those tasked with making decisions should be susceptible, reciprocally, to the impact …
Third-Class Citizenship: The Escalating Legal Consequences Of Committing A "Violent" Crime, Michael O'Hear
Third-Class Citizenship: The Escalating Legal Consequences Of Committing A "Violent" Crime, Michael O'Hear
Journal of Criminal Law and Criminology
For many years, American legislatures have been steadily attaching a wide range of legal consequences to convictions—and sometimes even just charges—for crimes that are classified as “violent.” These consequences affect many key aspects of the criminal process, including pretrial detention, eligibility for pretrial diversion, sentencing, eligibility for parole and other opportunities for release from incarceration, and the length and intensity of supervision in the community. The consequences can also affect a person’s legal status and rights long after the sentence for the underlying offense has been served. A conviction for a violent crime can result in registration requirements, lifetime disqualification …
Recognized Right Or Open Question? An Exploration Of Johnson And Its Progeny, Richard Simpson
Recognized Right Or Open Question? An Exploration Of Johnson And Its Progeny, Richard Simpson
Kentucky Law Journal
No abstract provided.
Judges Do It Better: Why Judges Can (And Should) Decide Life Or Death, Andrew R. Ford
Judges Do It Better: Why Judges Can (And Should) Decide Life Or Death, Andrew R. Ford
Dickinson Law Review (2017-Present)
Following its decision in Furman v. Georgia, the Supreme Court of the United States has attempted to standardize procedures that states use to subject offenders to the ultimate penalty. In practice, this attempt at standardization has divided capital sentencing into two distinct parts: the death eligibility decision and the death selection decision. The eligibility decision addresses whether the sentencer may impose the death penalty, while the selection decision determines who among that limited subset of eligible offenders is sentenced to death. In Ring v. Arizona, the Court held for the first time that the Sixth Amendment right to …
Ziglar V. Abassi And Its Effect On The Constitutional Rights Of Federal Prisoners, Julio Pereyra
Ziglar V. Abassi And Its Effect On The Constitutional Rights Of Federal Prisoners, Julio Pereyra
Journal of Criminal Law and Criminology
In June 2017, the Supreme Court decided Ziglar v. Abbasi and held that prisoners unlawfully detained post-9/11 did not have a Bivens claim against policy-level federal executive branch officials and likely had no Bivens claim against the wardens at the facility where they were detained. In doing so, the Court drastically altered the analysis for deciding when a Bivens claim is new and for determining when a new Bivens claim should be either allowed by a court or precluded under a “special factors” analysis. This change in the Bivens framework severely restricts the availability of factually novel Bivens claims, even …
Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond
Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Mens Rea In Comparative Perspective
Mens Rea In Comparative Perspective
Marquette Law Review
This Essay compares and contrasts the American and civilian approaches to mens rea. The comparative analysis generates two important insights. First, it is preferable to have multiple forms of culpability than to have only two. Common law bipartite distinctions such as general and specific intent fail to fully make sense of our moral intuitions. The same goes for the civilian distinction between dolus (intent) and culpa (negligence). Second, attitudinal mental states should matter for criminalization and grading decisions. Nevertheless, adding attitudinal mental states to our already complicated mens rea framework may end up confusing juries instead of helping them. As …
Fourth Amendment Textualism, Jeffrey Bellin
Fourth Amendment Textualism, Jeffrey Bellin
Michigan Law Review
The Fourth Amendment’s prohibition of “unreasonable searches” is one of the most storied constitutional commands. Yet after decades of Supreme Court jurisprudence, a coherent definition of the term “search” remains surprisingly elusive. Even the justices know they have a problem. Recent opinions only halfheartedly apply the controlling “reasonable expectation of privacy” test and its wildly unpopular cousin, “third-party doctrine,” with a few justices in open revolt.
These fissures hint at the Court’s openness to a new approach. Unfortunately, no viable alternatives appear on the horizon. The justices themselves offer little in the way of a replacement. And scholars’ proposals exhibit …
Forensic Border Searches After Carpenter Require Probable Cause And A Warrant, Christopher I. Pryby
Forensic Border Searches After Carpenter Require Probable Cause And A Warrant, Christopher I. Pryby
Michigan Law Review
Under the border search doctrine, courts have upheld the federal government's practice of searching people and their possessions upon entry into or exit from the United States, without any requirement of suspicion, as reasonable under the Fourth Amendment. Since the advent of electronic devices with large storage capacities, courts have grappled with whether this definition of reasonableness continues to apply. So far, courts have consistently characterized “nonforensic” border inspections of electronic devices (for example, paging through photos on a phone) as “routine” searches that, like inspecting luggage brought across international lines, require no suspicion. But there is a circuit split …
Where The Constitution Falls Short: Confession Admissibility And Police Regulation, Courtney E. Lewis
Where The Constitution Falls Short: Confession Admissibility And Police Regulation, Courtney E. Lewis
Dickinson Law Review (2017-Present)
A confession presented at trial is one of the most damning pieces of evidence against a criminal defendant, which means that the rules governing its admissibility are critical. At the outset of confession admissibility in the United States, the judiciary focused on a confession’s truthfulness. Culminating in the landmark case Miranda v. Arizona, judicial concern with the reliability of confessions shifted away from whether a confession was true and towards curtailing unconstitutional police misconduct. Post-hoc constitutionality review, however, is arguably inappropriate. Such review is inappropriate largely because the reviewing court must find that the confession was voluntary only by …
When Big Brother Becomes “Big Father”: Examining The Continued Use Of Parens Patriae In State Juvenile Delinquency Proceedings, Emily R. Mowry
When Big Brother Becomes “Big Father”: Examining The Continued Use Of Parens Patriae In State Juvenile Delinquency Proceedings, Emily R. Mowry
Dickinson Law Review (2017-Present)
The U.S. Constitution grants American citizens numerous Due Process rights; but, historically, the Supreme Court declined to extend these Due Process rights to children. Initially, common-law courts treated child offenders over the age of seven in the same manner as adult criminals. At the start of the 20th century, though, juvenile reformers assisted in creating unique juvenile courts that used the parens patriae doctrine and viewed children as delinquent youths in need of judicial parental guidance rather than punishment. Later, starting in 1967, the Supreme Court released multiple opinions extending certain constitutional Due Process rights to children in juvenile delinquency …
The (Im)Partial Jury: A Trial Consultant’S Role In The Venire Process, Stephanie M. Coughlan
The (Im)Partial Jury: A Trial Consultant’S Role In The Venire Process, Stephanie M. Coughlan
Brooklyn Law Review
Over the last four decades, trial consultants have become integral members of the venire process. Before the trial consulting field emerged, attorney-conducted voir dire focused too heavily on an attorney’s gut instincts and subconscious biases. This note highlights two concerns arising from attorney-conducted voir dire. First, in Batson v. Kentucky and its progeny, the Supreme Court addressed the unconstitutionality of a system that permits attorneys to strike jurors based on unfounded prejudices. Although Batson and its progeny prohibit lawyers from exercising discriminatory challenges against prospective jurors, this practice can easily go undetected. Second, as illustrated in Peña-Rodriguez v. Colorado, the …