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Articles 31 - 52 of 52
Full-Text Articles in Criminal Law
"Democratic Despotism" And Constitutional Constraint: An Empirical Analysis Of Ex Post Facto Claims In State Courts, Wayne A. Logan
"Democratic Despotism" And Constitutional Constraint: An Empirical Analysis Of Ex Post Facto Claims In State Courts, Wayne A. Logan
Scholarly Publications
This Article explores the history of the Ex Post Facto Clause, including the Supreme Court's seminal 1798 decision in Calder v. Bull, and analyzes the results of a survey of ex post facto claims decided in state courts from 1992-2002, the first study to catalog the types of claims generated among the states, and the institutional response of state courts to them. The author provides an overview of the claims resolved in state courts, examining the nature of the laws challenged, how the challenges fared, and the rationales used by courts in their dispositions. Discussion focuses on two abiding …
To Catch A Killer: Roadblocks And The Fourth Amendment, Michael T. Morley
To Catch A Killer: Roadblocks And The Fourth Amendment, Michael T. Morley
Scholarly Publications
No abstract provided.
Substantive Due Process And The Involuntary Confinement Of Sexually Violent Predators, Wayne A. Logan, Eric S. Janus
Substantive Due Process And The Involuntary Confinement Of Sexually Violent Predators, Wayne A. Logan, Eric S. Janus
Scholarly Publications
Over the past fifty years the Supreme Court has been repeatedly asked to address the constitutionality of civil commitment laws, including laws specifically targeting sexually violent predators (SVPs). The SVP laws have withstood challenge, in each instance redeemed by their putative civil purpose. Today, however, roughly 13 years after the first modern SVP law was enacted by the State of Washington, serious concern exists over whether the laws are fulfilling their civil purpose, or are merely serving as vehicles for impermissible preventive detention.
This Article addresses this question, in the process exploring the viability of the major remaining constitutional basis …
Street Legal: The Court Affords Police Constitutional Carte Blanche To Arrest, Wayne A. Logan
Street Legal: The Court Affords Police Constitutional Carte Blanche To Arrest, Wayne A. Logan
Scholarly Publications
This article discusses the Supreme Court's landmark 2001 decision Atwater v. City of Lago Vista, upholding the authority of police to execute warrantless arrests for menial offenses (there, failure to wear a seatbelt) so long as police have probable cause to support such arrests.
An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan
An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan
Scholarly Publications
Compared to Fourth Amendment jurisprudence more generally, with its well-earned reputation for complexity and variability, the search incident to arrest exception to the Amendment's warrant requirement would appear an oasis of consistency. The exception affords police an unqualified right to search anyone they arrest, without first obtaining a search warrant from a neutral judicial official. This right extends to the bodies of all arrestees, their area of "immediate control," and, if driving a car, the interior of the car and any containers located therein
Liberty Interests In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan
Liberty Interests In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan
Scholarly Publications
No abstract provided.
The Ex Post Facto Clause And The Jurisprudence Of Punishment, Wayne A. Logan
The Ex Post Facto Clause And The Jurisprudence Of Punishment, Wayne A. Logan
Scholarly Publications
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.
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
Scholarly Publications
The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …