Criminal Procedure Commons^™

Police Ignorance And (Un)Reasonable Fourth Amendment Exclusion, Nadia Banteka

McGeorge School of Law Scholarly Articles

The Fourth Amendment exclusion doctrine is as baffling as it is ubiquitous. Although courts rely on it every day to decide Fourth Amendment violations as well as defendants’ motions to suppress evidence obtained through these violations, virtually every aspect of the doctrine is a subject of fundamental disagreement and confusion. When defendants file motions to suppress unlawfully obtained evidence, the government often argues that even if a violation of the Fourth Amendment has transpired, the remedy of evidence suppression is barred because the police acted in “good faith,” meaning the officer reasonably, albeit mistakenly, believed the search or seizure was …

Expanding Statutes Of Limitations For Sex Crimes: Bad Public Policy, Michael Vitiello

McGeorge School of Law Scholarly Articles

The Victims’ Rights Movement has been one of the most consequential political forces in the United States over the past fifty-plus years. It has scored major legislative victories across the country. Every state and the federal government have adopted major laws advanced by the movement. After years of expanding prison populations, many policymakers and scholars have begun to question the wisdom of many of the movement’s legislative victories.

Despite current pushback against the movement, the movement and members of the public are pushing for the elimination or dramatic extensions of statutes of limitations for sex offenses and child-sex offenses. Such …

Miranda Is Dead. Long Live Miranda, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

The Warren Court’S Eyewitness Identification Case Law: What If?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Bargained-For-Justice: Lessons From The Italians?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Chapter 636: Catching Those Who Fall, An Affirmative Defense For Human Trafficking Victims, Isabella Blizard

University of the Pacific Law Review

No abstract provided.

Bargained-For-Justice: Lessons From The Italians?, Michael Vitello

University of the Pacific Law Review

No abstract provided.

Sb 1052: Miranda Rights For Minors, Albert G. Mendoza

University of the Pacific Law Review

No abstract provided.

Ab 1708: Combating Sex Trafficking By Targeting Prostitution, Hannah Kreuser

University of the Pacific Law Review

No abstract provided.

Barriers To Affirmative Consent Policies And The Need For Affirmative Sexuality, Kristen N. Jozkowski

University of the Pacific Law Review

No abstract provided.

Should Rape Shield Laws Bar Proof That The Alleged Victim Has Made Similar, False Rape Accusations In The Past?: Fair Symmetry With The Rape Sword Laws, Edward J. Imwinkelried

University of the Pacific Law Review

No abstract provided.

Not Affirmative Consent, Aya Gruber

University of the Pacific Law Review

No abstract provided.

Reflections On An Extraordinary Career: Thoughts About Gerald Caplan's Retirement, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Reforming California Sentencing Practice And Policy: Are We There Yet?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Does Prison Reform Bring Sentencing Reform? The Congress, The Courts, And The Structural Injunction, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.

The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Reflections On An Extraordinary Career: Thoughts About Gerald Caplan’S Retirement, Michael Vitiello

McGeorge Law Review

No abstract provided.

Substance And Procedure In The Reform Of Criminal Sentencing, Franklin E. Zimring

McGeorge Law Review

No abstract provided.

Reforming California Sentencing Practice And Policy: Are We There Yet?, Michael Vitiello

McGeorge Law Review

No abstract provided.

Does Prison Reform Bring Sentencing Reform? The Congress, The Courts, And The Structural Injunction, Brian K. Landsberg

McGeorge Law Review

No abstract provided.

The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

Goodyear And Hertz: Reconciling Two Recent Supreme Court Decisions, Lindsey D. Blanchard

McGeorge School of Law Scholarly Articles

No abstract provided.

Life, Liberty, And The Pursuit Of Justice: A Comparative Legal Study Of The Amanda Knox Case, Danielle Lenth

McGeorge Law Review

No abstract provided.

A Smarter Rule For Smarter Phones: Why Sila Does Not Protect Our Smartphones And Why The California Legislature Should, Russell Cooper

McGeorge Law Review

No abstract provided.

Justice Kennedy’S Sixth Amendment Pragmatism, Stephanos Bibas

McGeorge Law Review

No abstract provided.

Global Issues In Criminal Procedure, Linda Carter, Christopher L. Blakesley, Peter J. Henning

McGeorge School of Law Teaching Materials

This book provides an overview of constitutional issues that arise when searches, seizures, and interrogations occur outside the United States. Global Issues examines prosecutions in U.S. courts that involve evidence obtained abroad and the reach of the Fourth Amendment when the searches and seizures involve U.S. citizens abroad compared with non-U.S. citizens. Cases such as Verdugo-Urquidez and Alvarez-Machain are included, along with sections on electronic surveillance and the reach of the Fifth Amendment and Due Process Clause abroad, plus materials on torture and extraordinary renditions. There is also a short discussion of indefinite detention in places like Guantanamo Bay, Afghanistan, …

The Principle Of Complementarity And The International Criminal Court: The Role Of Ne Bis In Idem, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

A Case For A Constitutional Right To Counsel In Habeas Corpus, Emily Garcia Uhrig

McGeorge School of Law Scholarly Articles

No abstract provided.

Clemency In California Capital Cases, Mary-Beth Moylan, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.