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Articles 1 - 13 of 13
Full-Text Articles in Constitutional Law
A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert W. Alschuler
A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert W. Alschuler
Michigan Law Review
Supreme Court decisions have vacillated between two incompatible readings of the Fifth Amendment guarantee that no person "shall be compelled in any criminal case to be a witness against himself." The Court sometimes sees this language as affording defendants and suspects a right to remain silent. This interpretation - a view that countless repetitions of the Miranda warnings have impressed upon the public - asserts that government officials have no legitimate claim to testimonial evidence tending to incriminate the person who possesses it. Although officials need not encourage a suspect to remain silent, they must remain at least neutral toward …
Constitutional Criminal Procedure, James P. Fleissner
Constitutional Criminal Procedure, James P. Fleissner
Mercer Law Review
This Article surveys significant 1995 decisions of the United States Court of Appeals for the Eleventh Circuit in the field commonly referred to as "Constitutional Criminal Procedure." The primary focus of this branch of criminal procedure is on the interpretation of the Fourth, Fifth, and Sixth Amendments to the Constitution. In selecting notable cases from 1995, the author looked for important interpretations of legal tests, rulings in cases of first impression, and opinions on close or controversial questions. I have endeavored to provide criminal practitioners with a useful "briefing" on recent significant developments in the Eleventh Circuit. Furthermore, I hope …
Criminal Procedure—Good Faith, Big Brother, And You: The United States Supreme Court's Latest Good Faith Exception To The Fourth Amendment Exclusionary Rule. Arizona V. Evans, 115 S. Ct. 1185 (1995)., Elisa Masterson White
Criminal Procedure—Good Faith, Big Brother, And You: The United States Supreme Court's Latest Good Faith Exception To The Fourth Amendment Exclusionary Rule. Arizona V. Evans, 115 S. Ct. 1185 (1995)., Elisa Masterson White
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Twelve Angry People. Arkansas Constitution Guarantees Right To Trial By Jury Of Twelve Persons In Criminal Cases. Byrd V. State, 317 Ark. 609, 879 S.W.2d 435 (1994)., Timothy N. Holthoff
Constitutional Law—Twelve Angry People. Arkansas Constitution Guarantees Right To Trial By Jury Of Twelve Persons In Criminal Cases. Byrd V. State, 317 Ark. 609, 879 S.W.2d 435 (1994)., Timothy N. Holthoff
University of Arkansas at Little Rock Law Review
No abstract provided.
The Clipper Chip Proposal: Deciphering The Unfounded Fears That Are Wrongfully Derailing Its Implementation, 29 J. Marshall L. Rev. 475 (1996), Howard S. Dakoff
The Clipper Chip Proposal: Deciphering The Unfounded Fears That Are Wrongfully Derailing Its Implementation, 29 J. Marshall L. Rev. 475 (1996), Howard S. Dakoff
UIC Law Review
No abstract provided.
Judicial Reform Of Habeas Corpus: The Advocates' Lament, Christopher E. Smith
Judicial Reform Of Habeas Corpus: The Advocates' Lament, Christopher E. Smith
Cleveland State Law Review
The U. S. Supreme Court has engineered significant changes in habeas corpus procedures. Any change in law or public policy has consequences for the human beings whose lives come into contact with the changed law or policy. Critics have accused the Rehnquist Court of "dismantling access to federal habeas corpus review guaranteed by statute since 1867." As a result, concerns have emerged regarding the consequences for potential petitioners whose claims can no longer be reviewed by federal judges. While the fate of death row inmates is the most important consequence of habeas corpus reform, anecdotal reports on these controversial cases …
The Death Penalty And The Interstate Agreement On Detainers Act: A Proposal For Change, 29 J. Marshall L. Rev. 499 (1996), Edward G. Hild
The Death Penalty And The Interstate Agreement On Detainers Act: A Proposal For Change, 29 J. Marshall L. Rev. 499 (1996), Edward G. Hild
UIC Law Review
No abstract provided.
New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm
New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm
Maryland Law Review
No abstract provided.