Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Elements; means; elements test; removal; deportation; criminal procedure; criminal law; immigration; Breyer; Kagan; Descamps; Mathis; Taylor; categorical approach; modified categorical approach; divisibility; juror agreement; ACCA; Armed Career Criminal Act; recidivism; Apprendi; constitutional avoidance; sentencing enhancement; federal sentencing; crimmigration (1)
- National security; law enforcement; immigration; immigrant; informants; terrorism; civil liberties; criminal procedure; intelligence; First Amendment; Federal Bureau of Investigation; FBI; Muslim; Islam; religious beliefs; coercive; coercion; coerced (1)
Articles 1 - 2 of 2
Full-Text Articles in Criminal Procedure
A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas
A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas
Brooklyn Law Review
This article challenges the adequacy of the existing legal and regulatory framework governing informant recruitment and coercion practices to protect fundamental rights, informed by the Muslim-American experience. It looks at the growing law enforcement practice of recruiting informants among Muslim-American communities for intelligence gathering purposes. Although the coercion of law-abiding individuals to provide information to federal law enforcement agencies for intelligence gathering purposes implicates significant rights, it is left unregulated. Existing, albeit limited, restraints on the government agents’ ability to coerce individuals to provide information either assume a criminal context, or are driven by historical concerns over FBI corruption. As …
Finally, A True Elements Test: Mathis V. United States And The Categorical Approach, Rebecca Sharpless
Finally, A True Elements Test: Mathis V. United States And The Categorical Approach, Rebecca Sharpless
Brooklyn Law Review
The fate of defendants facing lengthy federal sentence enhancements often turns on what the U.S. Supreme Court calls the categorical approach. The approach controls whether a federal defendant might face an additional decade or longer in prison based solely on having prior convictions of a certain type. At a time when many question the wisdom of mass incarceration, the Court has taken great care to delimit the circumstances in which a federal sentencing judge can lengthen sentences based on recidivism. The categorical approach also governs most immigration cases involving deportation for a crime. As Congress has cut back deportation defenses …