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Criminal Law Commons

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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 Jan 2017

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 Oct 2016

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 Jul 2015

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 Apr 2015

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 Jan 2007

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 Jan 1998

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 Jul 1994

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 Jul 1991

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 Apr 1990

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 Apr 1989

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 Jan 1989

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 Jan 1987

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 Jan 1985

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 Oct 1984

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) Apr 1979

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 Jan 1979

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 Jul 1978

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 Jul 1977

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 Jul 1977

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.