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Articles 1 - 30 of 103
Full-Text Articles in Criminal Procedure
Supreme Court Lets Light Shine On Flaws With Eyewitness Testimony, Timothy P. O'Neill
Supreme Court Lets Light Shine On Flaws With Eyewitness Testimony, Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Deferring To A Higher Power: Knowing How To Mesh State Court, High Court, Timothy P. O'Neill
Deferring To A Higher Power: Knowing How To Mesh State Court, High Court, Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Thirteenth Birthday A Cutoff Between Automatic Lawyer And Miranda Rights, Timothy P. O'Neill
Thirteenth Birthday A Cutoff Between Automatic Lawyer And Miranda Rights, Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Moving Beyond Miranda: Concessions For Confessions, Scott Howe
Moving Beyond Miranda: Concessions For Confessions, Scott Howe
Scott W. Howe
Abstract: The law governing police interrogation provides perverse incentives. For criminal suspects, the law rewards obstruction and concealment. For police officers, it honors deceit and psychological aggression. For the courts and the rest of us, it encourages blindness and rationalization. This Article contends that the law could help foster better behaviors. The law could incentivize criminals to confess without police trickery and oppression. It could motivate police officers involved in obtaining suspect statements to avoid chicanery and duress. And, it could summon courts and the rest of us to speak more truthfully about whether suspect admissions are the product of …
"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless
"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless
Rebecca Sharpless
In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner
In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner
Brendan M. Conner
Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears
Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears
David C. Brown
The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition …
How The Justice System Fails Us After Police Shootings, Caren Morrison
How The Justice System Fails Us After Police Shootings, Caren Morrison
Caren Myers Morrison
No abstract provided.
Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody
Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody
Susan L. Brody
No abstract provided.
Criminal Law And Procedure: Cases And Materials, 10th Edition, Kent Roach, Benjamin Berger, Patrick Healy, James Stribopoulos
Criminal Law And Procedure: Cases And Materials, 10th Edition, Kent Roach, Benjamin Berger, Patrick Healy, James Stribopoulos
Benjamin L Berger
Building on Martin Friedland's acclaimed and innovative course materials, this new edition of Criminal Law and Procedure provides a valuable teaching tool for introductory courses on criminal law and criminal justice. Students are provided with an overview of the entire criminal process, from police investigation to sentencing.
Redinocente: The Challenge Of Bringing Innocence Work To Latin America, Justin Brooks
Redinocente: The Challenge Of Bringing Innocence Work To Latin America, Justin Brooks
Justin P Brooks
No abstract provided.
Is Capital Punishment Immoral Even If It Does Deter Murder?
Is Capital Punishment Immoral Even If It Does Deter Murder?
Thomas Kleven
After years of inconclusive debate, recent studies purport to demonstrate that capital punishment does indeed deter murder, perhaps to the tune of multiple saved lives for each person executed. In response to these studies, Professors Sunstein and Vermeule have argued that since capital punishment leads to a net savings of innocent lives, it may be morally required on consequentialist grounds. I argue, even assuming the validity of the studies, that capital punishment cannot be justified in the United States in the current historical context for reasons of justice that trump consequentialist considerations. Mine is not an argument that capital punishment …
The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven Shiffrin
The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven Shiffrin
Steven H. Shiffrin
There is a recognizable factual distinction between the search and seizure of private papers and the search and seizure of non-documentary items. It is difficult, however, to decide when such a distinction should assume constitutional dimensions. Specifically, are there circumstances under which private papers should be immune from search and seizure? In a 1967 landmark case, Warden v. Hayden, the United States Supreme Court raised doubts concerning the continued validity of decades of settled law on this important issue. Warden's reopening of this problem aroused the curiosity of commentators, spurred new policy arguments in the American Law Institute, divided the …
Criminal Trial Advocacy, James Seckinger
United States V. Peters Case File, James Seckinger, Kenneth Broun.
United States V. Peters Case File, James Seckinger, Kenneth Broun.
James H. Seckinger
No abstract provided.
Williamson V. Shrackle: Case File, James Seckinger, Mooly O'Brien, Kenneth Broun, Steven Friedman, Kevin Prins
Williamson V. Shrackle: Case File, James Seckinger, Mooly O'Brien, Kenneth Broun, Steven Friedman, Kevin Prins
James H. Seckinger
No abstract provided.
International Criminal Law: Cases And Materials, Jimmy Gurule, Jordan Paust, Bruce Zagaris, Leila Sadat, Michael Scharf, M. Cherif Bassiouni
International Criminal Law: Cases And Materials, Jimmy Gurule, Jordan Paust, Bruce Zagaris, Leila Sadat, Michael Scharf, M. Cherif Bassiouni
Jimmy Gurule
The fourth edition has been significantly updated, especially to reflect case trends in the International Criminal Court and the International Criminal Tribunals for Former Yugoslavia and for Rwanda (encompassing, among other matters, individual responsibility, defenses, war crimes, genocide, and other crimes against humanity). Some of the chapters have new sub-subtitles and relevant domestic cases have been added or noted in various chapters. There are also additions to the Documents Supplement.
United States V. William Lloyd, Jimmy Gurule
Criminal And Forensic Evidence: Cases, Materials, Problems, Jimmy Gurule, Robert Goodwin
Criminal And Forensic Evidence: Cases, Materials, Problems, Jimmy Gurule, Robert Goodwin
Jimmy Gurule
This unique casebook adopts a modern, comprehensive approach to the study of evidence issues that arise in the context of criminal trial litigation. It covers evidentiary issues associated with the admission of forensic evidence, including expert testimony, as well as traditional evidence issues, such as evidence of prior bad acts offered for purposes other than to prove propensity, and evidence of a rape victim's prior sexual behavior. The materials are presented in two parts that allow for a Criminal Evidence course focused solely on forensic science, solely on traditional criminal evidentiary issues, or a combination of both topics. The Third …
Blind Justice, Andrea Lyon
Perspective Is Everything, Andrea Lyon
Undue Burden, Andrea Lyon
Dying To Win, Andrea Lyon
The Perilous Psychology Of Public Defending, Scott Howe
The Perilous Psychology Of Public Defending, Scott Howe
Scott W. Howe
This article examining the ethical challenges confronting most public defender attorneys is framed as a fictional talk presented by P.D. Atty, a former public defender attorney, at a small conference of new public defender attorneys. The presentation asserts that public defenders typically face psychological obstacles to providing zealous advocacy for all of their clients and that an essential aspect of the remedy starts with recognition of these psychological barriers. The author contends that these challenges relate to a typically unacknowledged aversion to representing certain kinds of criminal defendants. Contrary to common supposition, the strongest aversion is not to representation of …
The Pressure Is On—Criminal Defense Counsel Strategies After Padilla V. Kentucky, Bill Hing
The Pressure Is On—Criminal Defense Counsel Strategies After Padilla V. Kentucky, Bill Hing
Bill Ong Hing
The Supreme Court’s message to criminal defense attorneys in Padilla v. Kentucky was clear: when there is a risk of deportation, defense counsel has a constitutional duty to inform an immigrant defendant of the potential for deportation or adverse immigration consequences prior to pleading guilty. In my view, this constitutional duty places tremendous pressure on defense counsel to do more than advise, because once advised, the client very naturally may want to know what options are available other than going to trial. Rather than simply focusing on how to minimize the time of incarceration for the client under a particular …
The Implications Of Incorporating The Eighth Amendment Prohibition On Excessive Bail, Scott Howe
The Implications Of Incorporating The Eighth Amendment Prohibition On Excessive Bail, Scott Howe
Scott W. Howe
In its opinion in McDonald v. City of Chicago, 130 S.Ct. 3020 (2010), concerning the incorporation of the Second Amendment, the Supreme Court included a footnote that listed the Eighth Amendment prohibition on excessive bail as one of the incorporated Bill of Rights protections. Oddly, the Court had never incorporated the bail clause or even explained what protections it conferred. While strange, these circumstances provide a rare opportunity to reason backward from incorporation to the meaning of the incorporated provision. And by pursuing those backward implications, the paper offers novel arguments about the proper understanding of the bail clause.
I …
Deselecting Biased Juries, Scott W. Howe
Deselecting Biased Juries, Scott W. Howe
Scott W. Howe
Critics of peremptory-challenge systems commonly contend that they inevitably inflict “inequality harm” on many excused persons and should be abolished. Ironically, the Supreme Court fueled this argument with its decision in Batson v. Kentucky by raising and endorsing the inequality claim sua sponte and then purporting to solve it with an approach that preserved peremptories. This Article shows, however, that the central problem is something other than inequality harm to excused persons. The central problem is the harm to disadvantaged litigants when their opponents use peremptories to secure a one-sided jury. This problem can arise often—whenever a venire is slanted …
"Whodunit" Versus "What Was Done": When To Admit Character Evidence In Criminal Cases, Sherry Colb
"Whodunit" Versus "What Was Done": When To Admit Character Evidence In Criminal Cases, Sherry Colb
Sherry Colb
In virtually every jurisdiction in the United States, the law of evidence prohibits parties from offering proof of an individual's general character traits to suggest that, on a specific occasion, the individual behaved in a manner consistent with those traits. In a criminal trial in particular, the law prohibits a prosecutor's introduction of evidence about the defendant's character as proof of his guilt. In this Article, Professor Colb proposes that the exclusion of defendant character evidence is appropriate in one category of cases but inappropriate in another. In the first category, which Professor Colb calls "whodunit" cases, the parties agree …
Victim Gender And The Death Penalty, Caisa Royer, Amelia Hritz, Valerie Hans, Theodore Eisenberg, Martin Wells, John Blume, Sheri Lynn Johnson
Victim Gender And The Death Penalty, Caisa Royer, Amelia Hritz, Valerie Hans, Theodore Eisenberg, Martin Wells, John Blume, Sheri Lynn Johnson
John H. Blume
Previous research suggests that cases involving female victims are more likely to result in death sentences. The current study examines possible reasons for this relationship using capital punishment data from the state of Delaware. Death was sought much more for murders of either male or female white victims compared to murders of black male victims. Analyzing capital sentencing hearings in Delaware from 1977-2007 decided by judges or juries, we found that both characteristics of the victims and characteristics of the murders differentiated male and female victim cases. The presence of sexual victimization, the method of killing, the relationship between the …
Killing The Non-Willing: Atkins, The Volitionally Incapacitated, And The Death Penalty, John Blume, Sheri Lynn Johnson
Killing The Non-Willing: Atkins, The Volitionally Incapacitated, And The Death Penalty, John Blume, Sheri Lynn Johnson
John H. Blume
Jamie Wilson, nineteen years old and severely mentally ill, walked into a school cafeteria and started shooting. Two children died, and Jamie was charged with two counts of capital murder. Because he admitted his guilt, the only issue at his trial was the appropriate punishment. The trial judge assigned to his case, after hearing expert testimony on his mental state, found that mental illness rendered Jamie unable to conform his conduct to the requirements of law at the time of the crime—not impaired by his mental illness in his ability to control his behavior, but unable to control his behavior. …