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Articles 1 - 16 of 16
Full-Text Articles in Constitutional Law
The Trouble With Time Served, Kimberly Kessler Ferzan
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
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
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
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
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
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
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
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
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
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
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
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
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).
BYU Law Review
No abstract provided.
United States Supreme Court 1977-1978 Term : Criminal Law Decisions, B. J. George Jr.
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
BYU Law Review
No abstract provided.