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Criminal Forfeiture Procedure In 2007: A Survey Of Developments In The Case Law, Stefan D. Cassella Jun 2007

Criminal Forfeiture Procedure In 2007: A Survey Of Developments In The Case Law, Stefan D. Cassella

Stefan D Cassella

This article is one in a series of annual updates on the rapidly expanding area of criminal asset forfeiture procedure. Organized topically, the article analyzes the recent cases, beginning with those discussing the nature and scope of criminal forfeiture and then continuing through the steps in a criminal prosecution, from indictment through sentencing and the post-trial ancillary proceeding regarding the rights of third parties. The article covers cases decided in 2006. Copyright © 2007 Thomson Reuters/West.


Against Orthodoxy: Miranda Is Not Prophylactic And The Constitution Is Not Perfect, Lawrence Rosenthal Dec 2006

Against Orthodoxy: Miranda Is Not Prophylactic And The Constitution Is Not Perfect, Lawrence Rosenthal

Lawrence Rosenthal

In the four decades since the decision in Miranda v. Arizona, two point of consensus have emerged about that decision. The first area of agreement is that Miranda’s rationale for requiring its now-famous warnings is wrong, or at least dramatically overstated. In Michigan v. Tucker, the Court first labeled Miranda warnings as “prophylactic standards.” For their part, Miranda’s advocates do not spend much time defending its conception of unwarned custodial interrogation as inherently coercive. The second point of agreement is that Miranda has turned out to be a failure combating the coercive nature of custodial interrogation. Despite Miranda ...


Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan Dec 2006

Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan

Donald J. Kochan

The groundbreaking case of Miranda v. Arizona raise[d] questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime. This Introduction to the 2007 Chapman Law Review Symposium summarizes the contemporary examination of Miranda's influence, past and present, along with the continuing debate today. The experiences and precedents that have evolved in the past 40 years helps to explore the evolution of the criminal law and procedural dictates set forth in Miranda. Complications with custodial interrogation - and the impulses and incentives ...