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Articles 1 - 13 of 13
Full-Text Articles in Criminal Law
Two Models For Amending The 'Fleeing Felon' Rule, Cynthia V. Ward
Two Models For Amending The 'Fleeing Felon' Rule, Cynthia V. Ward
Faculty Publications
The so-called “fleeing felon” rule instructs courts and law-enforcement personnel about whether, and when, police may use deadly force to stop a suspect who is attempting to escape arrest. At common law, police were allowed to use deadly force when necessary to prevent the escape of a fleeing felon, even if the escapee did not present an imminent threat of violence to the officers or others. By contrast, the right of private citizens to use deadly force against another person is generally restricted to situations involving self-defense—where an innocent person reasonably believes she is facing an imminent threat of death …
Section 4: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 6: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin
The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin
Faculty Publications
New York City sits at the epicenter of an extraordinary criminal justice phenomenon. While employing aggressive policing tactics, such as “stop and frisk,” on an unprecedented scale, the City dramatically reduced both violent crime and incarceration – with the connections between these developments (if any) hotly disputed. Further clouding the picture, in August 2013, a federal district court ruled the City’s heavy reliance on “stop and frisk” unconstitutional. Popular and academic commentary generally highlights isolated pieces of this complex story, constructing an incomplete vision of the lessons to be drawn from the New York experience. This Article brings together all …
Why Arizona V. Gant Is The Wrong Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz
Why Arizona V. Gant Is The Wrong Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz
Faculty Publications
No abstract provided.
Remarks Of William Van Alstyne On The Brandenburg Panel, William W. Van Alstyne
Remarks Of William Van Alstyne On The Brandenburg Panel, William W. Van Alstyne
Faculty Publications
No abstract provided.
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Faculty Publications
No abstract provided.
The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus
The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus
Faculty Publications
No abstract provided.
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Faculty Publications
No abstract provided.
Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne
Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne
Faculty Publications
No abstract provided.
Criminal Law, Richard A. Williamson
The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus
The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus
Faculty Publications
No abstract provided.
The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus
The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus
Faculty Publications
The United States Constitution makes provision for criminal defendants to be represented by counsel. In the federal jurisdiction this principle was vigorously applied, even to indigent persons, very early in the Twentieth Century. The United States Supreme Court, however, was reluctant to impose this requirement on the states except in cases of unusual circumstances where the absence of counsel would have affected the basic fairness of the trial. Finally, in a landmark decision by the Supreme Court, it was held that the right to counsel applies in both federal and state cases. For the past twenty years, federal and state …