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Articles 1 - 19 of 19
Full-Text Articles in Criminal Law
Innocent Until Born: Why Prisons Should Stop Shackling Pregnant Women To Protect The Child, Melanie Kalmanson
Innocent Until Born: Why Prisons Should Stop Shackling Pregnant Women To Protect The Child, Melanie Kalmanson
Florida State University Law Review
The practice of American prisons to shackle and otherwise restrain incarcerated, preg-nant women is problematic for several reasons. Such practices include shackling, chaining, and handcuffing pregnant inmates during their third trimester, transportation to and from medical facilities, labor and delivery, and postpartum recovery. Current discourse on this topic focuses primarily on how these practices invade the woman’s civil liberties, particularly the Eighth Amendment right against cruel and unusual punishment, and international human rights. Recent case law vindicates policy rationales for such practices—safety of others, safety of the woman herself, and securing flight risks.
These discussions overlook and this Note confronts …
Federalizing Retroactivity Rules: The Unrealized Promise Of Danforth V. Minnesota And The Unmet Obligation Of State Courts To Vindicate Federal Constitutional Rights, Ruthanne M. Deutsch
Federalizing Retroactivity Rules: The Unrealized Promise Of Danforth V. Minnesota And The Unmet Obligation Of State Courts To Vindicate Federal Constitutional Rights, Ruthanne M. Deutsch
Florida State University Law Review
No abstract provided.
The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth
The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth
Florida State University Law Review
This Article seeks to make two contributions to the literature on the role of counsel. First, it brings together civil Gideon research and recent studies of collateral consequences. Like criminal convictions, civil judgments result in far-reaching collateral consequences, and these should be included in any evaluation of the private interests that civil lawyers protect. Second, this Article argues that the prioritization of criminal defense counsel over civil counsel reflects a mistaken view of lawyers’ primary role as a shield against government power. Lawyers also serve a vital role in checking the power of private actors. As private actors increasingly take …
Applying The 'Cuffs: Consistency And Clarity In A Bright-Line Rule For Arrest-Like Restraints Under Miranda Custody, Luis Then
Florida State University Law Review
No abstract provided.
United States Implementation Of The International Criminal Court: Toward The Federalism Of Free Nations, Lauren Fielder Redman
United States Implementation Of The International Criminal Court: Toward The Federalism Of Free Nations, Lauren Fielder Redman
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding
Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding
Florida State University Law Review
No abstract provided.
Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson
Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson
Florida State University Law Review
No abstract provided.
The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello
The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello
Florida State University Law Review
No abstract provided.
Religious Accommodation And Criminal Liability, Christine A. Clark
Religious Accommodation And Criminal Liability, Christine A. Clark
Florida State University Law Review
Florida's religious accommodation statute leads some parents to believe that they are free to rely on spiritual healing in lieu of medical treatment for their ill children. However, the statute fails to protect these parents in a criminal prosecution arising from their children's deaths. The author of this Article describes the various types of accommodation statutes, analyzes a recent prosecution, and concludes that such prosecutions are unconstitutional. The author also proposes revisions to Florida's law designed to eliminate ambiguities about what protections it provides.
The Implications Of 42 U.S.C. § 1983 For The Privatization Of Prisons, Charles W. Thomas, Linda S. Calvert Hanson
The Implications Of 42 U.S.C. § 1983 For The Privatization Of Prisons, Charles W. Thomas, Linda S. Calvert Hanson
Florida State University Law Review
No abstract provided.
Bernie V. State, 524 So. 2d 988 (Fla. 1988), Douglas Underwood
Bernie V. State, 524 So. 2d 988 (Fla. 1988), Douglas Underwood
Florida State University Law Review
Criminal Law/Constitutional Law - THE EXCLUSIONARY RULE DILEMMA IN FLORIDA
The Confrontation Clause And The Hearsay Rule: A Problematic Relationship In Need Of A Practical Analysis, Joel R. Brown
The Confrontation Clause And The Hearsay Rule: A Problematic Relationship In Need Of A Practical Analysis, Joel R. Brown
Florida State University Law Review
No abstract provided.
Death At Any Cost: A Critique Of The Supreme Court's Recent Retreat From Its Death Penalty Standards, William S. Geimer
Death At Any Cost: A Critique Of The Supreme Court's Recent Retreat From Its Death Penalty Standards, William S. Geimer
Florida State University Law Review
No abstract provided.
Supreme Court's Treatment Of Open Fields: A Comment On Oliver And Thornton, Barbara Rockhill Edwards
Supreme Court's Treatment Of Open Fields: A Comment On Oliver And Thornton, Barbara Rockhill Edwards
Florida State University Law Review
No abstract provided.
Arizona V. Washington, 434 U.S. 497 (1978)
Arizona V. Washington, 434 U.S. 497 (1978)
Florida State University Law Review
Criminal Law-MISTRIAL DECLARATION-OVER DEFENDANT'S OBJECTION, PROSECUTION MUST DEMONSTRATE HIGH DEGREE OF MANIFEST NECESSITY OR REPROSECUTION WILL BE BARRED
Tsavaris V. Scruggs, 360 So. 2d 745 (Fla. 1977), Elizabeth J. Daniels
Tsavaris V. Scruggs, 360 So. 2d 745 (Fla. 1977), Elizabeth J. Daniels
Florida State University Law Review
Constitutional Law-SELF-INCRIMINATION-FLORIDA SUPREME COURT SIGNALS POSSIBLE RETREAT IN PROTECTION AGAINST COMPULSORY PRODUCTION OF INCRIMINATING DOCUMENTARY EVIDENCE.
A Step Toward Uniformity: Review Of Life Sentences In Capital Cases, Ron Bergwerk
A Step Toward Uniformity: Review Of Life Sentences In Capital Cases, Ron Bergwerk
Florida State University Law Review
No abstract provided.
Turner V. State, 340 So. 2d 132 (Fla. 2d Dist. Ct. App. 1976), Melanie Hines Alford
Turner V. State, 340 So. 2d 132 (Fla. 2d Dist. Ct. App. 1976), Melanie Hines Alford
Florida State University Law Review
Criminal Law- ETHICS- PUBLIC DEFENDER'S OFFICE IS A "LAW FIRM" FOR PURPOSE OF DETERMINING WHETHER CONFLICT EXISTS IN REPRESENTATION OF CODEFENDANTS.
The Right And The Power: The Prosecution Of Watergate, Barry D. Halpern
The Right And The Power: The Prosecution Of Watergate, Barry D. Halpern
Florida State University Law Review
By Leon Jaworski. New York: Reader's Digest Press; Houston: Gulf Publishing Co. 1976. Pp. 305. $9.95 New York: Pocket Books. Pp. 372. $2.50.