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Criminal Procedure

Selected Works

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Articles 121 - 136 of 136

Full-Text Articles in Law

A “Special Need” For Change: Fourth Amendment Problems And Solutions Regarding Dna Databanking, Brendan Burke Dec 2003

A “Special Need” For Change: Fourth Amendment Problems And Solutions Regarding Dna Databanking, Brendan Burke

Brendan Burke

Every state and the federal government have laws mandating DNA sampling from certain criminal offenders. Convicts’ DNA information is then stored in state and nationwide databanks for use in investigating crimes that the convicts might commit in the future. Law enforcement professionals applaud this system; civil libertarians abhor it. Because this is essentially a seizure of blood without probable cause, mandatory DNA sampling has been subject to close Fourth Amendment scrutiny. Courts have traditionally upheld mandatory DNA sampling statutes under the special-needs exception to the Fourth Amendment’s probable cause requirement, a doctrine that allows for administrative or regulatory searches if …

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Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins Dec 2003

Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins

Ira P. Robbins

The grand jury practice of naming individuals as unindicted co-conspirators routinely results in injury to reputations,lost employment opportunities, and a practical inability to run for public office. Yet, because these individuals are not parties to a criminal trial, they have neither the right to present evidence nor
the opportunity to clear their names. Thus, Professor Robbins argues that the practice violates the Fifth Amendment guarantee that “[n]o person shall . . . be deprived of life, liberty, or property,
without due process of law[.]” While prosecutors may offer many justifications to support the practice of naming
unindicted co-conspirators, these reasons …

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Searches, Seizures, And Warrants: A Reference Guide To The United States Constitution, Robert Bloom Dec 2002

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

Robert M. Bloom

No abstract provided.

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Pennsylvania Criminal Procedure: Law, Commentary And Forms, Leonard Sosnov, David Rudovsky Dec 2000

Pennsylvania Criminal Procedure: Law, Commentary And Forms, Leonard Sosnov, David Rudovsky

Leonard N Sosnov

No abstract provided.

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Criminal Procedure: Examples And Explanations, Robert Bloom, Mark Brodin Dec 1999

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

Robert M. Bloom

No abstract provided.

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2008 Cumulative Supplement, In Patricia W. Hatamyar Et Al. Oklahoma Trial Practice, Laurie Jones, Jean Giles, Emma Rolls Dec 1998

2008 Cumulative Supplement, In Patricia W. Hatamyar Et Al. Oklahoma Trial Practice, Laurie Jones, Jean Giles, Emma Rolls

Laurie W. Jones

No abstract provided.

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"Automobile Searches." Chapter 4d, 4d-1– 4d-62, "Suppression Of Illegally Obtained Evidence: Pretext Searches." Chapter 83, 83-1 - 83-18, Robert Bloom Dec 1996

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

Robert M. Bloom

No abstract provided.

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"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 Dec 1996

"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 M. Bloom

No abstract provided.

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Criminal Procedure: Examples And Expanations, Robert Bloom, Mark Brodin Dec 1995

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

Robert M. Bloom

No abstract provided.

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Clinical Education Programs--An Overview, Robert Bloom Aug 1995

Clinical Education Programs--An Overview, Robert Bloom

Robert M. Bloom

No abstract provided.

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Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom Dec 1994

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

Robert M. Bloom

No abstract provided.

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Criminal Procedure Rights Under The Pennsylvania Constitution: Examining The Present And Exploring The Future, Leonard N. Sosnov Dec 1992

Criminal Procedure Rights Under The Pennsylvania Constitution: Examining The Present And Exploring The Future, Leonard N. Sosnov

Leonard N Sosnov

No abstract provided.

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The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira P. Robbins Dec 1991

The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira P. Robbins

Ira P. Robbins

Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal …

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Pennsylvania Criminal Procedure: Forms And Commentary, Leonard Sosnov, David Rudovsky Dec 1990

Pennsylvania Criminal Procedure: Forms And Commentary, Leonard Sosnov, David Rudovsky

Leonard N Sosnov

No abstract provided.

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Videotaping Testimony Of Child Witnesses In Sexual Offense Cases, Mary Ann Chirba Dec 1985

Videotaping Testimony Of Child Witnesses In Sexual Offense Cases, Mary Ann Chirba

Mary Ann Chirba

No abstract provided.

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The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira P. Robbins Dec 1979

The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira P. Robbins

Ira P. Robbins

Introduction: In Bell v. Wolfish, the United States Supreme Court held that, with respect to conditions or restrictions having no specific constitutional source for protection, a pretrial detainee in a federal correctional center has a right under the due process clause of the fifth amendment to be free from any punitive conditions or restrictions during detention. The Court further held that all of the challenged practices and conditions were valid because they were rationally related to the legitimate non-punitive purposes of the detention center. Thus, the correctional facility could place two detainees in a cell built for one, prohibit …

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