Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Legislation (6)
- Criminal Law and Procedure (5)
- Civil Rights and Discrimination (3)
- Constitutional Law (3)
- Human Rights Law (3)
-
- Due Process (2)
- First Amendment (2)
- Fourteenth Amendment (2)
- Law and Society (2)
- Politics (2)
- Sentencing (2)
- Armed Career Criminal Act (1)
- Child endangerment (1)
- Civil Law (1)
- Conflict of Laws (1)
- Congressional Oversight (1)
- Constitutional (1)
- Constitutional law (1)
- Constraint (1)
- Consumer Protection Law (1)
- Convictions (1)
- Costs (1)
- Court costs (1)
- Criminal codes (1)
- Criminal procedure (1)
- Death penalty (1)
- Democratic experimentalism (1)
- Domestic Relations (1)
- Drugs (1)
- Duplicate punishments (1)
- Publication
- Publication Type
- File Type
Articles 1 - 9 of 9
Full-Text Articles in Criminal Procedure
Implementing The Lessons From Wrongful Convictions: An Empirical Analysis Of Eyewitness Identification Reform Strategies, Keith A. Findley
Implementing The Lessons From Wrongful Convictions: An Empirical Analysis Of Eyewitness Identification Reform Strategies, Keith A. Findley
Keith A Findley
Learning about the flaws in the criminal justice system that have produced wrongful convictions has progressed at a dramatic pace since the first innocent individuals were exonerated by postconviction DNA testing in 1989. Application of that knowledge to improving the criminal justice system, however, has lagged far behind the growth in knowledge. Likewise, while considerable scholarship has been devoted to identifying the factors that produce wrongful convictions, very little scholarly attention has been devoted to the processes through which knowledge about causes is translated into reforms.
Using eyewitness misidentification—one of the leading contributors to wrongful convictions and the most thoroughly …
Congressional Due Process, Andrew M. Wright
Congressional Due Process, Andrew M. Wright
Andrew M Wright
This article identifies significant deficiencies in Congress’s investigative practices. Consequences of congressional scrutiny can be profound, yet the second Congress calls, almost none of the safeguards of the American legal system are present. I argue such practices demonstrate institutional indifference to constitutional due process norms. The article highlights differences between congressional and judicial proceedings with respect to the safeguards of witnesses and targets. The purpose of congressional inquiry fundamentally differs from adjudication, and therefore does not call for the full complement of procedural rights afforded in judicial proceedings. Congress seeks facts and expertise to inform legislative judgments that will have …
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Lost In A Legal Thicket, Paul H. Robinson
Lost In A Legal Thicket, Paul H. Robinson
All Faculty Scholarship
This op-ed piece argues that criminal law recodification is badly needed in the states and the federal system, but that prosecutors stand out as the group who appear to regularly oppose it.
Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin
Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin
Kim D. Chanbonpin
No abstract provided.
Residual Impact: Resentencing Implications Of Johnson's Potential Ruling On Acca's Constitutionality, Leah Litman
Residual Impact: Resentencing Implications Of Johnson's Potential Ruling On Acca's Constitutionality, Leah Litman
Articles
In January 2015, the Supreme Court directed the parties to brief and argue an additional question in Johnson v. United States: “Whether the residual clause in the Armed Career Criminal Act of 1984, 18 U.S.C. § 924(e)(2)(B)(ii), is unconstitutionally vague.” The order represents an unusual move because the defendant had not raised the vagueness issue and the Court issued the order after it had already heard argument on the question raised in the petition for certiorari. Commentators therefore view the order as a signal that the Court will likely invalidate the residual clause. This decision will have been several years …
Executing On An Empty Tank: Protecting The Supply Of Lethal Injection Drugs From Public Records Requests, Ira K. Rushing
Executing On An Empty Tank: Protecting The Supply Of Lethal Injection Drugs From Public Records Requests, Ira K. Rushing
Ira K Rushing
With the US Supreme Court holding the death penalty and lethal injection as Constitutional, there has been a new strategy for condemned prisoners. Using public information requests to discover the identities of the suppliers of lethal injection drugs and others in ancillary roles, the media has broad range to publish this information. This has led to many suppliers and compounding pharmacies to withhold supplies of the drugs to states using them in executions. This paper lays out a history of the death penalty in Mississippi that has gotten us to this point. It then attempts to provide persuasive arguments on …
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Monica B Carusello
No abstract provided.
Statutory Constraints And Constitutional Decisionmaking, Anthony O'Rourke
Statutory Constraints And Constitutional Decisionmaking, Anthony O'Rourke
Journal Articles
Although constitutional scholars frequently analyze the relationships between courts and legislatures, they rarely examine the relationship between courts and statutes. This Article is the first to systematically examine how the presence or absence of a statute can influence constitutional doctrine. It analyzes pairs of cases that raise similar constitutional questions, but differ with respect to whether the court is reviewing the constitutionality of legislation. These case pairs suggest that statutes place significant constraints on constitutional decisionmaking. Specifically, in cases that involve a challenge to a statute, courts are less inclined to use doctrine to regulate the behavior of nonjudicial officials. …