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Articles 1 - 30 of 62
Full-Text Articles in Criminal Procedure
Are Police Free To Disregard Miranda?, Steven D. Clymer
Are Police Free To Disregard Miranda?, Steven D. Clymer
Cornell Law Faculty Publications
Tailored Police Testimony At Suppression Hearings, Joel Atlas
Tailored Police Testimony At Suppression Hearings, Joel Atlas
Cornell Law Faculty Publications
Whether a court must suppress evidence typically turns on the conduct or observations of the police officer who discovered the evidence. By falsely testifying to the facts surrounding the discovery of the evidence, a police officer may validate a blatantly unconstitutional search. New York courts have long recognized that police officers sometimes fabricate suppression testimony to meet constitutional restrictions. Indeed, the Appellate Division has rejected police testimony at suppression hearings where the officer’s testimony appears to have been “patently tailored to nullify constitutional objections.” Although, to be sure, rejections are rare and their number appears to be declining, the appellate …
The Problem Of The Expert Juror., Paul F. Kirgis
The Problem Of The Expert Juror., Paul F. Kirgis
Faculty Law Review Articles
In this article, I argue that the new focus on the risks of spurious "expertise" compels attention to the problem of juror expertise. 24 Specialized knowledge poses the same risks to the truth-seeking objectives of trial whether it enters the decision-making process through expert testimony or through the back door of juror background knowledge. In fact, the risks to accuracy may be less when expertise is offered by a witness than when it is introduced by a juror, because the witness will be subject to cross-examination and rebuttal. Flawed expertise brought to the case by a juror is not subject …
What Is A Search? Two Conceptual Flaws In Fourth Amendment Doctine And Some Hints Of A Remedy, Sherry F. Colb
What Is A Search? Two Conceptual Flaws In Fourth Amendment Doctine And Some Hints Of A Remedy, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Convictions Of Innocent Persons In Massachusetts: An Overview, Stanley Z. Fisher
Convictions Of Innocent Persons In Massachusetts: An Overview, Stanley Z. Fisher
Faculty Scholarship
Scholars documenting the incidence and causes of wrongful convictions in the United States have focused on cases arising all across the country. Because reform of the practices that lead to such errors of justice must largely take place on the state level, there is value in examining wrongful convictions in particular jurisdictions. This article attempts to identify and briefly describe all known cases of conviction of innocent persons in Massachusetts from 1800 to the present time. Part I discusses the criteria for identifying "the innocent." For the purpose of gaining support for needed reforms in the law, the most persuasive …
Section 1: Lockyer V. Andrade, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Lockyer V. Andrade, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 8: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Non-Citizen Offenders And Immigration Crimes: New Challenges In The Federal System, Nora V. Demleitner, Jon M. Sands
Non-Citizen Offenders And Immigration Crimes: New Challenges In The Federal System, Nora V. Demleitner, Jon M. Sands
Scholarly Articles
Not available.
The Preparatory Commission For The International Criminal Court, Valerie Oosterveld
The Preparatory Commission For The International Criminal Court, Valerie Oosterveld
Law Publications
As it becomes increasingly clear that the International Criminal Court will be set up in the near future, it is important to reflect on the work of the Preparatory Commission for the International Criminal Court. When the Rome Statute was being negotiated, it became very clear that additional documents would be necessary in order to create a fully functioning ICC. At the time, eight such documents were identified and included in Resolution F of the Final Act of the Rome Diplomatic conference. As work on these documents nears completion, States have begun to consider the practicalities of setting up the …
Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder
Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Accuracy Where It Matters: Brady V. Maryland In The Plea Bargaining Context, Corinna Barrett Lain
Accuracy Where It Matters: Brady V. Maryland In The Plea Bargaining Context, Corinna Barrett Lain
Law Faculty Publications
Professor Lain argues that the role of Brady v. Maryland in protecting the innocent from wrongful conviction is just as essential in the plea bargaining context as it is at trial, and that therefore even defendants who plead guilty should be entitled to Brady's protections. However, she concludes that Brady's application in the plea bargaining context is destined to provide only a shadow of the protection Brady provides at trial because of the materiality standard currently used to judge post-plea Brady claims. In making both points, she employs a model of the plea bargaining defendant's decision-making process, using modern choice …
The Impossible Dream Come True: A Criminal Law Professor Becomes Juror #7, Stacy Caplow
The Impossible Dream Come True: A Criminal Law Professor Becomes Juror #7, Stacy Caplow
Faculty Scholarship
No abstract provided.
Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira Robbins
Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira Robbins
Articles in Law Reviews & Other Academic Journals
INTRODUCTION:In the early hours of April 14, 2000, Robert Lee Tarver died in Alabama's electric chair, even though four Justices of the United States Supreme Court had voted to review the merits of his case. This situation is not unique. Each year, practitioners and pro se litigants alike petition the Supreme Court without fully knowing the rules pursuant to which the Court will decide their client's, or their own, fate. The reason is that the Supreme Court operates under two sets of rules-those that are published and those that are not. The former specify This Article is based on a …
Twenty-Five Years Of Death: A Report Of The Cornell Death Penalty Project On The "Modern" Era Of Capital Punishment In South Carolina, John H. Blume
Twenty-Five Years Of Death: A Report Of The Cornell Death Penalty Project On The "Modern" Era Of Capital Punishment In South Carolina, John H. Blume
Cornell Law Faculty Publications
In 1972, the United States Supreme Court determined that the death penalty, as then administered in this country, violated the Eighth Amendment's prohibition against cruel and unusual punishment. Many states, including South Carolina, scurried to enact new, "improved" capital punishment statutes which would satisfy the Supreme Court's rather vague mandate. In 1976, the High Court approved some of the new laws, and the American death penalty was back in business. After a wrong turn or two, including a statutory scheme which did not pass constitutional muster, the South Carolina General Assembly passed the current death penalty statute in 1977. The …
The Scottsboro Trials: A Legal Lynching, Faust Rossi
The Scottsboro Trials: A Legal Lynching, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky
Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky
Akron Law Faculty Publications
The Tecumseh School District had a policy that all students who wished to participate in extracurricular activities that involved some sort of competition had to agree to drug testing before the competition and then randomly thereafter. ... Those selected for accusatory drug testing might be perceived to be wearing a "badge of shame" and be subject to the arbitrary whim of an administrator. ... Vernonia involved a rule requiring drug testing as a condition for participation in extracurricular competitive sports. ... In Earls, the Tecumseh School District adopted a "Student Activities Drug Testing Policy" that required all students who wished …
Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii
Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii
Faculty Publications
Public concern about drug abuse as a major issue in American life may be ebbing. The notion that "the drug war is a failure" has become the common wisdom in academic and journalistic circles. Support for routine and lengthy imprisonment of non-violent drug offenders may be eroding, even among the prosecutors, police, and judges whose job it is to enforce the law. Anger among African American, Latino, and other minority communities at the perceived discriminatory enforcement of drug laws is simmering and may begin to boil over in ways that effect the political terrain. And after the events of September …
Respecting Pandora's Box, Erica Beecher-Monas
Respecting Pandora's Box, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.
Surrender Of Indictees And Non-Indicted Criminals From The United States To The Ictr, Christopher M. Rassi
Surrender Of Indictees And Non-Indicted Criminals From The United States To The Ictr, Christopher M. Rassi
War Crimes Memoranda
No abstract provided.
The Jury's Role In Administering Justice In The U.S. Introduction To Saint Louis Public Law Review Jury Issue, Stephen C. Thaman
The Jury's Role In Administering Justice In The U.S. Introduction To Saint Louis Public Law Review Jury Issue, Stephen C. Thaman
All Faculty Scholarship
This introduction to the special jury issue of Saint Louis University’s Public Law Review briefly discusses the Conference “Lay Participation in the Criminal Trial in the Twenty-First Century,” in which all of the contributors to this issue participated. The conference took place at the International Institute for Higher Studies in the Criminal Sciences in Siracusa, Italy from May 25-29, 1999. It also discusses select papers and perspectives on the American jury system published in this issue of the journal.
Retroactive Application Of "New Rules" And The Antiterrorism And Effective Death Penalty Act, A. Christopher Bryant
Retroactive Application Of "New Rules" And The Antiterrorism And Effective Death Penalty Act, A. Christopher Bryant
Faculty Articles and Other Publications
For three decades, the application of United States Supreme Court criminal procedure decisions has confused the Court's habeas corpus jurisprudence. In 1999, the Court's decision in Williams v. Taylor might have resolved the ambiguous relationship between the pre-1996 habeas corpus retroactivity decisions - the most significant of which was Teague v. Lane - and the habeas corpus reform provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Unfortunately, the Williams decision has only engendered further confusion.
Two decades before Teague, the second Justice Harlan proposed an approach to retroactivity questions, arguing that a decision that announced …
Official Privilege: State Security And The Right To A Fair Trial In The Usa, Stephen C. Thaman
Official Privilege: State Security And The Right To A Fair Trial In The Usa, Stephen C. Thaman
All Faculty Scholarship
The emphasis of this paper is on the effect of the state claiming a privilege of national security in a criminal case, either to: (1) prevent the defendant from gaining discovery of classified information which could be important in defending against the criminal charges; or (2) prevent the defendant from introducing classified evidence in his/her own defense, access to which has usually been gained by virtue of the defendant’s own activity with the intelligence services (CIA, FBI) or other police agencies. The state often claims national security in situations where the state itself is either dealing with criminals or using …
Latin America's First Modern System Of Lay Participation: The Reform Of Inquisitorial Justice In Venezuela, Stephen C. Thaman
Latin America's First Modern System Of Lay Participation: The Reform Of Inquisitorial Justice In Venezuela, Stephen C. Thaman
All Faculty Scholarship
This article describes the new Venezuelan jury and mixed court systems that were introduced by Codigo Organico Procesal Penal in 1998, in the context of the code’s radical transition to accusatorial and adversarial procedure.
Book Review. Courts And Transition In Russia: The Challenge Of Judicial Reform, By Peter H. Solomon, Jr. And Todd S. Foglesong, Stephen C. Thaman
Book Review. Courts And Transition In Russia: The Challenge Of Judicial Reform, By Peter H. Solomon, Jr. And Todd S. Foglesong, Stephen C. Thaman
All Faculty Scholarship
This is a book review applauding Peter H. Solomon and Todd S. Foglesong’s book Courts and Transition in Russia: The Challenge of Judicial Reform, written by Professor Stephen C. Thaman. Professor Thaman provides his thoughts on the possibility of Russian reform success.
"Business On Trial: The True Story." Review Of Business On Trial: The Civil Jury And Corporate Responsibility, Richard O. Lempert
"Business On Trial: The True Story." Review Of Business On Trial: The Civil Jury And Corporate Responsibility, Richard O. Lempert
Reviews
Jury trials are very much an affair of stories. Lawyers tell stories to juries. Evidence is more convincing when presented in story order. Jurors use stories to make sense of evidence. And litigants, particularly losing litigants, tell stories about juries. One of the favorite stories of losing business litigants, second only to the irrational jury story, is the Robin Hood story. Juries love to play Robin Hood, to steal from the rich (businesses and insurance companies) and to give to the poor (individual litigants, especially individual tort litigants). The storytellers see no mystery here. Jurors are "little guys," like the …
I Want A Black Lawyer To Represent Me: Addressing A Black Defendant's Concerns With Being Assigned A White Court-Appointed Lawyer, Kenneth P. Troccoli
I Want A Black Lawyer To Represent Me: Addressing A Black Defendant's Concerns With Being Assigned A White Court-Appointed Lawyer, Kenneth P. Troccoli
Articles in Law Reviews & Other Academic Journals
"I want a Black lawyer to represent me." These are the first words you hear after you introduce yourself to your new client. You have been appointed to represent this man on a criminal charge. You are white. He is Black. You answer that you are an experienced criminal lawyer and will represent him to the best of your ability, regardless of his or your race. He responds that he too is experienced with the criminal justice system-a system that targets Black men, like himself, for prosecution far more than whites, that sentences Black men to prison more frequently and …
Rape By Drugs: A Statutory Overview And Proposals For Reform, Patricia J. Falk
Rape By Drugs: A Statutory Overview And Proposals For Reform, Patricia J. Falk
Law Faculty Articles and Essays
The methods by which human beings accomplish nonconsensual sexual activity with fellow humans are almost limitless. They use physical force; they beat, choke, and knock their victims unconscious. They kidnap and restrain them. They use weapons and threats of immediate force to subdue their quarry. They come in groups with the superior strength of their number. They exploit the element of surprise. They coerce, extort, and blackmail others into sexual submission. They lie, pretend, impersonate, and defraud, trapping the unwary in webs of deceit. They victimize mentally ill, mentally disabled, physically weak, and physically incapacitated persons. They abuse their positions …
The Ins And Outs, Stops And Starts Of Speedy Trial Rights In Colorado--Part Ii, H. Patrick Furman
The Ins And Outs, Stops And Starts Of Speedy Trial Rights In Colorado--Part Ii, H. Patrick Furman
Publications
This two-part article reviews the constitutional and statutory right to a speedy trial and discusses the case law interpreting that right. The first part was printed in July 2002.
See Part I at http://scholar.law.colorado.edu/articles/550/.
The Writ Of Habeas Corpus, Donald E. Wilkes Jr.
The Writ Of Habeas Corpus, Donald E. Wilkes Jr.
Scholarly Works
A fundamental legal safeguard of freedom and the most important English common law writ, the writ of habeas corpus is a court order commanding that an imprisoned person be personally produced in court and that an explanation be provided as to why that person is detained. The writ of habeas corpus provides a judicial remedy for enforcing a fundamental individual right, the right to personal liberty, which may be defined as the right to be free of physical restraint that is not justified by law. Whenever imprisonment violates a constitutional or fundamental right, there is an infringement of the right …
When Legislatures Delegate Death: The Troubling Paradox Behind State Uses Of Electocution And Lethal Injection And What It Says About Us, Deborah W. Denno
When Legislatures Delegate Death: The Troubling Paradox Behind State Uses Of Electocution And Lethal Injection And What It Says About Us, Deborah W. Denno
Faculty Scholarship
This article discusses the paradoxical motivations and problems behind legislative changes from one method of execution to the next, and particularly moves from electrocution to lethal injection. This article first examines the constitutionality of electrocution, contending that a modern Eighth Amendment analysis of a range of factors, such as legislative trends toward lethal injection, indicates that electrocution is cruel and unusual. It then provides an Eighth Amendment review of lethal injection, demonstrating that injection also involves unnecessary pain, the risk of such pain, and a loss of dignity. The article next presents the author's study of the most current protocols …