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Full-Text Articles in Law
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
The Answer To Trial Publicity Is A Better Question, Kevin F. Qualls
The Answer To Trial Publicity Is A Better Question, Kevin F. Qualls
Kevin F Qualls
Free-Press/Fair-Trial contests now happen in a new media age. Judicial remedies such as change-of-venue, sequestration, jury admonitions, and gag orders were fashioned in an era that included broadcast radio and television, an emerging cable television industry, and the traditional print media of newspapers and magazines. That content was, to some degree, geographically bound and temporary. Now those judicial remedies are applied in a new media age that extends the reach of traditional media in time and space while offering interactive capability. The efficacy of these remedies is in question. This paper provides an historical overview of how judicial remedies for …
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
James L. Kainen
The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …
Massachusetts Firearms Prosecutions In The Wake Of Melendez-Diaz, Kevin P. Chapman
Massachusetts Firearms Prosecutions In The Wake Of Melendez-Diaz, Kevin P. Chapman
Kevin P. Chapman
The Supreme Court ruling in Melendez-Diaz fundamentally changed the way that firearms offenses are prosecuted in Massachusetts. This paper presents the history of firearms prosecutions and the current state of the law, and it raises several unanswered questions that could further change the nature of future firearms prosecutions.