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Criminal Procedure Commons

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Articles 1 - 7 of 7

Full-Text Articles in Criminal Procedure

District Court, Nassau County, People V. Yaghoubi, David Schoenhaar Nov 2014

District Court, Nassau County, People V. Yaghoubi, David Schoenhaar

Touro Law Review

No abstract provided.


Putting The Cat Back In The Bag: Involuntary Confessions And Self-Incrimination, Joseph A. Iemma Nov 2014

Putting The Cat Back In The Bag: Involuntary Confessions And Self-Incrimination, Joseph A. Iemma

Touro Law Review

No abstract provided.


Self-Incrimination: Are Underlying Questions About A Pending Conviction On Appeal A Violation Of A Defendant's Fifth Amendment Privilege Against Self-Incrimination?, Macdonald R. Drane Iv Nov 2014

Self-Incrimination: Are Underlying Questions About A Pending Conviction On Appeal A Violation Of A Defendant's Fifth Amendment Privilege Against Self-Incrimination?, Macdonald R. Drane Iv

Touro Law Review

No abstract provided.


Double Jeopardy: A Resentencing Game, Deirdre Cicciaro Nov 2014

Double Jeopardy: A Resentencing Game, Deirdre Cicciaro

Touro Law Review

No abstract provided.


Probing Into Salinas's Silence: Back To The "Accused Speaks" Model?, Rinat Kitai-Sangero, Yuval Merin Sep 2014

Probing Into Salinas's Silence: Back To The "Accused Speaks" Model?, Rinat Kitai-Sangero, Yuval Merin

Nevada Law Journal

No abstract provided.


Supreme Court, Bronx County, People V. Buari, Matthew Moisan May 2014

Supreme Court, Bronx County, People V. Buari, Matthew Moisan

Touro Law Review

No abstract provided.


Special Administrative Measures And The War On Terror: When Do Extreme Pretrial Detention Measures Offend The Constitution?, Andrew Dalack Jan 2014

Special Administrative Measures And The War On Terror: When Do Extreme Pretrial Detention Measures Offend The Constitution?, Andrew Dalack

Michigan Journal of Race and Law

Our criminal justice system is founded upon a belief that one is innocent until proven guilty. This belief is what foists the burden of proving a person’s guilt upon the government and belies a statutory presumption in favor of allowing a defendant to remain free pending trial at the federal level. Though there are certainly circumstances in which a federal magistrate judge may—and sometimes must—remand a defendant to jail pending trial, it is well-settled that pretrial detention itself inherently prejudices the quality of a person’s defense. In some cases, a defendant’s pretrial conditions become so onerous that they become punitive …