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Constitutional Law Commons

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Articles 1 - 16 of 16

Full-Text Articles in Constitutional Law

The Trouble With Time Served, Kimberly Kessler Ferzan Jan 2023

The Trouble With Time Served, Kimberly Kessler Ferzan

BYU Law Review

Every jurisdiction in the United States gives criminal defendants "credit" against their sentence for the time they spend detained pretrial. In a world of mass incarceration and overcriminalization that disproportionately impacts people of color, this practice appears to be a welcome mechanism for mercy and justice. In fact, how ever, crediting detainees for time served is perverse. It harms the innocent. A defendant who is found not guilty, or whose case is dismissed, gets nothing. Crediting time served also allows the state to avoid internalizing the full costs of pretrial detention, thereby making overinclusive detention standards less expensive. Finally, crediting …


On Criminalizing Violent Speech, Amitai Etzioni Feb 2022

On Criminalizing Violent Speech, Amitai Etzioni

Brigham Young University Journal of Public Law

There is an increasingly high number of threats to kill, made by citizens against each other, and against public officials. These threats terrorize people, force them to take protective measures, make them reluctant to assume public office, and, when they do, make them feel as though they have to act cautiously. State and federal laws currently exist that prohibit such threats. This article examines the ways the courts have affected how these laws function. It concludes by suggesting ways these laws can be rendered more effective. Drawing on liberal communitarianism, this article seeks to offer practical recommendations for how the …


Re-Victimization Of Domestic Violence Victims, Angela De La Garza Nov 2020

Re-Victimization Of Domestic Violence Victims, Angela De La Garza

Brigham Young University Journal of Public Law

No abstract provided.


The Constitution Limits Of The "National Consensus" Doctrine In Eighth Amendment Jurisprudence, Kevin White Nov 2012

The Constitution Limits Of The "National Consensus" Doctrine In Eighth Amendment Jurisprudence, Kevin White

BYU Law Review

No abstract provided.


United States V. Renzi: Reigning In The Speech Or Debate Clause To Fight Corruption In Congress Postrayburn, A.J. Green May 2012

United States V. Renzi: Reigning In The Speech Or Debate Clause To Fight Corruption In Congress Postrayburn, A.J. Green

BYU Law Review

No abstract provided.


Threats, Free Speech, And The Jurisprudence Of The Federal Criminal Law, G. Robert Blakey, Brian J. Murray Nov 2002

Threats, Free Speech, And The Jurisprudence Of The Federal Criminal Law, G. Robert Blakey, Brian J. Murray

BYU Law Review

No abstract provided.


The Role Of "De Minimis" Injury In The Excessive Force Determination: Taylor V. Mcduffie And The Fourth Circuit Stand Alone, Troy J. Aramburu Mar 2000

The Role Of "De Minimis" Injury In The Excessive Force Determination: Taylor V. Mcduffie And The Fourth Circuit Stand Alone, Troy J. Aramburu

Brigham Young University Journal of Public Law

No abstract provided.


Third-Party Consent Under The United States And Utah Constitutions: Should Utah Adopt The Federal Standard?, S. Matthew Cook Mar 1999

Third-Party Consent Under The United States And Utah Constitutions: Should Utah Adopt The Federal Standard?, S. Matthew Cook

BYU Law Review

No abstract provided.


There Is No Such Thing As A Harmless Constitutional Error: Returning To A Rule Of Automatic Reversal, James Edward Wicht Iii Mar 1997

There Is No Such Thing As A Harmless Constitutional Error: Returning To A Rule Of Automatic Reversal, James Edward Wicht Iii

Brigham Young University Journal of Public Law

No abstract provided.


Prison Objectives And Human Dignity: Reaching A Mutual Accommodation, Melvin Gutterman Nov 1992

Prison Objectives And Human Dignity: Reaching A Mutual Accommodation, Melvin Gutterman

BYU Law Review

No abstract provided.


Reverse Rico Double Jeopardy Protection Under United States V. Esposito: Someone's In The Kitchen With Grady, But It's Not The Third Circuit, Scott Taylor Sheffer May 1991

Reverse Rico Double Jeopardy Protection Under United States V. Esposito: Someone's In The Kitchen With Grady, But It's Not The Third Circuit, Scott Taylor Sheffer

BYU Law Review

No abstract provided.


Standing And Liability Of State And Local Government Under The Civil Rico Statute, Paul A. Hoffman Mar 1989

Standing And Liability Of State And Local Government Under The Civil Rico Statute, Paul A. Hoffman

BYU Law Review

No abstract provided.


Double Jeopardy And Resentencing In Bifurcated Criminal Proceedings: Bullington V. Missouri, Enid Greene Mar 1982

Double Jeopardy And Resentencing In Bifurcated Criminal Proceedings: Bullington V. Missouri, Enid Greene

BYU Law Review

No abstract provided.


Constitutional Law-Criminal Law-Pretrial Detainees May Be Subjected To Conditions Of Confinement Reasonably Related To Legitimate Government Objectives-Bell V. Wolfish, 99 S. Ct. 1861 (1979). Nov 1979

Constitutional Law-Criminal Law-Pretrial Detainees May Be Subjected To Conditions Of Confinement Reasonably Related To Legitimate Government Objectives-Bell V. Wolfish, 99 S. Ct. 1861 (1979).

BYU Law Review

No abstract provided.


United States Supreme Court 1977-1978 Term : Criminal Law Decisions, B. J. George Jr. Sep 1978

United States Supreme Court 1977-1978 Term : Criminal Law Decisions, B. J. George Jr.

BYU Law Review

No abstract provided.


Constitutional Law-Fair Warning Of Retroactive Law Is Sufficient Compliance With The Ex Post Facto Clause-Do B Bert V. Florida May 1978

Constitutional Law-Fair Warning Of Retroactive Law Is Sufficient Compliance With The Ex Post Facto Clause-Do B Bert V. Florida

BYU Law Review

No abstract provided.