Law Commons^™

The State (Never) Rests: How Excessive Prosecutor Caseloads Harm Criminal Defendants, Adam M. Gershowitz, Laura R. Killinger

Laura R. Killinger

No abstract provided.

The State (Never) Rests: How Excessive Prosecutor Caseloads Harm Criminal Defendants, Adam M. Gershowitz, Laura R. Killinger

Adam M. Gershowitz

No abstract provided.

Fourth Amendment Anxiety, Stephen E. Henderson, Kiel Brennan-Marquez

Stephen E Henderson

The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke

Anthony O'Rourke

Criminal procedure has undergone several well-documented shifts in its doctrinal foundations since the Supreme Court first began to apply the Constitution’s criminal procedure protections to the States. This Article examines the ways in which the political economy of criminal litigation – specifically, the material conditions that determine which litigants are able to raise criminal procedure claims, and which of those litigants’ cases are appealed to the United States Supreme Court – has influenced these shifts. It offers a theoretical framework for understanding how the political economy of criminal litigation shapes constitutional doctrine, according to which an increase in the number …

Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

Moving Beyond Miranda: Concessions For Confessions, Scott Howe

Scott W. Howe

Abstract: The law governing police interrogation provides perverse incentives. For criminal suspects, the law rewards obstruction and concealment. For police officers, it honors deceit and psychological aggression. For the courts and the rest of us, it encourages blindness and rationalization. This Article contends that the law could help foster better behaviors. The law could incentivize criminals to confess without police trickery and oppression. It could motivate police officers involved in obtaining suspect statements to avoid chicanery and duress. And, it could summon courts and the rest of us to speak more truthfully about whether suspect admissions are the product of …

Quasi-Affirmative Rights In Constitutional Criminal Procedure, David Sklansky

David A Sklansky

No abstract provided.

Binary Searches And The Central Meaning Of The Fourth Amendment, Lawrence Rosenthal

Lawrence Rosenthal

Fourth Amendment jurisprudence is frequently accused of doctrinal incoherence. A primary reason is the persistence of two competing conceptions of “unreasonable” search and seizure. The first is libertarian in character; it understands the Fourth Amendment’s command of reasonableness as establishing a constitutional boundary on investigative powers. On this view, the prohibition on unreasonable search and seizure keeps society free by limiting the government’s investigative reach. The second conception understands the Fourth Amendment's prohibition as freedom against unjustified government intrusion. This conception of reasonableness is essentially pragmatic in character, balancing liberty and law-enforcement interests.

This article interrogates these competing conceptions by …

The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter

Judith L Ritter

By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …

"Automobile Searches." Chapter 4d, 4d-1– 4d-62, "Suppression Of Illegally Obtained Evidence: Pretext Searches." Chapter 83, 83-1 - 83-18, Robert Bloom

Robert Bloom

No abstract provided.

Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom

Robert Bloom

No abstract provided.

Searches, Seizures, And Warrants: A Reference Guide To The United States Constitution, Robert Bloom

Robert Bloom

No abstract provided.

Updates Editor: Chapters 3, 6, 31-36, 81, Robert Bloom

Robert Bloom

No abstract provided.

Criminal Procedure: Examples And Explanations, Robert Bloom, Mark Brodin

Robert Bloom

No abstract provided.

Cases On Criminal Procedure, Robert Bloom

Robert Bloom

No abstract provided.

Criminal Procedure: Examples And Expanations, Robert Bloom, Mark Brodin

Robert Bloom

No abstract provided.

"Commencement Of Action." Chapter 3 (Co-Authored With Daniel R. Coquillette) 3-1–3-34, "Time." Chapter 6, 6-1– 6-143, "Applicability In General." Chapter 81, 81-1–81-40, Robert Bloom

Robert Bloom

No abstract provided.

Ratting: The Use And Abuse Of Informants In The American Justice System, Robert Bloom

Robert Bloom

No abstract provided.

Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin

Robert Bloom

No abstract provided.

Jury Trial In Japan, Robert Bloom

Robert Bloom

No abstract provided.

Cases On Criminal Procedure, Robert Bloom

Robert M. Bloom

No abstract provided.

"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira P. Robbins

Ira P. Robbins

Criminal Procedure: The Constitution And The Police, 6th, Mark Brodin, Robert Bloom

Robert M. Bloom

Examples & Explanations: Criminal Procedure: The Constitution and the Police, Sixth Edition, using the method that has made it such a successful resource for students, continues to present the discussion of criminal procedure in a way that mirrors the sequence of real-life events in law enforcement.

United States V. Leon And Its Ramifications, Robert M. Bloom

Robert M. Bloom

No abstract provided.

Jailhouse Informants, Robert M. Bloom

Robert M. Bloom

No abstract provided.

“A More Majestic Conception:” The Importance Of Judicial Integrity In Preserving The Exclusionary Rule, Robert M. Bloom, David H. Fentin

Robert M. Bloom

In Mapp v. Ohio (1961), the Warren Court held that the so-called exclusionary rule was applicable to the states. Subsequent Supreme Courts have shown their disenchantment with the rule by seeking to curb its applicability. Most recently, the Court has characterized the exclusionary rule as a “massive remedy” to be applied only as a “last resort.” The Courts’ analytical framework for the last thirty-five years for cutting back the exclusionary rule was a balancing test which weighed the costs of suppressing reliable evidence with the benefits of deterring future police violations. This balancing has been used most recently in two …

Warrant Requirement -- The Burger Court Approach, Robert M. Bloom

Robert M. Bloom

No abstract provided.

The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert M. Bloom, William J. Dunn

Robert M. Bloom

In recent months, there have been many revelations about the tactics used by the Bush Administration to prosecute their war on terrorism. These stories involve the exploitation of technologies that allow the government, with the cooperation of phone companies and financial institutions, to access phone and financial records. This paper focuses on the revelation and widespread criticism of the Bush Administration’s operation of a warrantless electronic surveillance program to monitor international phone calls and emails that originate or terminate with a United States party. The powerful and secret National Security Agency heads the program and leverages its significant intelligence collection …

Inevitable Discovery: An Exception Beyond The Fruits, Robert M. Bloom

Robert M. Bloom

No abstract provided.