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Articles 31 - 60 of 96
Full-Text Articles in Criminal Procedure
A Deal Is A Deal: Plea Bargains And Double Jeopardy After Ohio V. Johnson, Philip Chinn
A Deal Is A Deal: Plea Bargains And Double Jeopardy After Ohio V. Johnson, Philip Chinn
Seattle University Law Review
The Double Jeopardy Clause provides that no person will “be subject for the same offence to be twice put in jeopardy of life or limb.” On March 10, 2004, Pedro Cabrera made a statement that cost him fourteen years of his life: he proclaimed his innocence. The court accepted this plea and ordered a finding of guilty with a recommended sentence of six years. However, during an exchange that followed, Mr. Cabrera asserted that he was actually innocent but that he preferred “to take the time” instead of proceeding to trial. The judge then refused to accept Mr. Cabrera’s guilty …
The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter
The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter
Seattle University Law Review
By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …
Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens
Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens
Seattle University Law Review
This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …
The Admissibility Of Cell Site Location Information In Washington Courts, Ryan W. Dumm
The Admissibility Of Cell Site Location Information In Washington Courts, Ryan W. Dumm
Seattle University Law Review
This Comment principally explores when and how a party can successfully admit cell cite location information into evidence. Beginning with the threshold inquiry of relevance, Part III examines when cell site location information is relevant and in what circumstances the information, though relevant, could be unfairly prejudicial, cumulative, or confusing. Part IV provides the bulk of the analysis, which centers on the substantive foundation necessary to establish the information’s credibility and authenticity. Part V looks at three ancillary issues: hearsay, a criminal defendant’s Sixth Amendment confrontation rights, and the introduction of a summary of voluminous records. Finally, Part VI offers …
“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz
“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz
Seattle University Law Review
The protections of the Fourth Amendment on the streets and highways of America have been drastically curtailed. This Article traces the debasement of Fourth Amendment protections on the road and how the Fourth Amendment’s core value of preventing arbitrary police behavior has been marginalized. This Article contends that the existence of a traffic offense should not be the end of the inquiry but the first step, and that defendants should be able to challenge the reasonableness even when there is proof of a traffic offense.
California Adopts The Unproven Federal Minority View Of Entrapment , Steven D. Campen
California Adopts The Unproven Federal Minority View Of Entrapment , Steven D. Campen
Pepperdine Law Review
No abstract provided.
Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder
Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder
Pepperdine Law Review
No abstract provided.
The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen
The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen
Pepperdine Law Review
No abstract provided.
Misnamed, Misapplied, And Misguided: Clarifying The State Of Sentencing Entrapment And Proposing A New Conception Of The Doctrine, Jess D. Mekeel
Misnamed, Misapplied, And Misguided: Clarifying The State Of Sentencing Entrapment And Proposing A New Conception Of The Doctrine, Jess D. Mekeel
William & Mary Bill of Rights Journal
No abstract provided.
Preface, Tanina Rostain, Donald H. Zeigler
The Material Witness Statute Post September 11: Why It Should Not Include Grand Jury Witnesses, Robert Boyle
The Material Witness Statute Post September 11: Why It Should Not Include Grand Jury Witnesses, Robert Boyle
NYLS Law Review
No abstract provided.
Criminal Discovery: What Truth Do We Seek?, Milton C. Lee Jr.
Criminal Discovery: What Truth Do We Seek?, Milton C. Lee Jr.
University of the District of Columbia Law Review
No abstract provided.
The Use Of Prior Convictions To Impeach Criminal Defendants - Do The Risks Outweigh The Benefits?, James W. Betro
The Use Of Prior Convictions To Impeach Criminal Defendants - Do The Risks Outweigh The Benefits?, James W. Betro
Antioch Law Journal
The use of prior convictions to impeach the credibility of a criminal defendant-witness is generally accepted in most American jurisdictions.'Such evidence is allowed in order to present the jury with the general character of a witness so that they may be better able to decide as to his or her tendency to lie on the witness stand.2 The rationale behind this rule is based on the theory that a witness who has been previously convicted of a crime may be less likely to tell the truth than someone who has never been convicted.3 Unfortunately, when a criminal defendant takes the …
Criminal Law - Federal Rule Of Criminal Procedure 41 Authorizes Electronic Intrusions If Probable Cause Established, All Writs Act Provides For An Order To A Third Party Commpelling Aid In Criminal Enforcement Proceeding If Third Party Could Otherwise Frustrate Administration Of Justice, Nina M. Gussack
Villanova Law Review
No abstract provided.
Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons
Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons
Villanova Law Review
No abstract provided.
A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter
A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter
Villanova Law Review
No abstract provided.
Pretrial Discovery And Inspection - New Criminal Rules For Pennsylvania, Madeline Hartsell Lamb
Pretrial Discovery And Inspection - New Criminal Rules For Pennsylvania, Madeline Hartsell Lamb
Villanova Law Review
No abstract provided.
The Opportunity Test Of Stone V. Powell: Toward A Redefinition Of Federal Habeas Corpus, Charles D. Ossola
The Opportunity Test Of Stone V. Powell: Toward A Redefinition Of Federal Habeas Corpus, Charles D. Ossola
Villanova Law Review
No abstract provided.
Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger
Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger
Villanova Law Review
No abstract provided.
Privacy: A Case For Accurate And Complete Criminal History Records, Thomas J. Madden, Helen S. Lessin
Privacy: A Case For Accurate And Complete Criminal History Records, Thomas J. Madden, Helen S. Lessin
Villanova Law Review
No abstract provided.
Computerized Criminal Justice Information Systems: A Recognition Of Competing Interests - An Introduction, Lawrence J. Beaser
Computerized Criminal Justice Information Systems: A Recognition Of Competing Interests - An Introduction, Lawrence J. Beaser
Villanova Law Review
No abstract provided.
Confidentiality Of Criminal Records Privacy V. The Public Interest, David Weinstein
Confidentiality Of Criminal Records Privacy V. The Public Interest, David Weinstein
Villanova Law Review
No abstract provided.
Computers And The Right To Be Let Alone - A Civil Libertarian View, Burton Caine
Computers And The Right To Be Let Alone - A Civil Libertarian View, Burton Caine
Villanova Law Review
No abstract provided.
Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr.
Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr.
Villanova Law Review
No abstract provided.
The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman
The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman
Villanova Law Review
No abstract provided.
The Fifth Amendment And Compelled Testimony: Practical Problems In The Wake Of Kastigar, E. R. Harding
The Fifth Amendment And Compelled Testimony: Practical Problems In The Wake Of Kastigar, E. R. Harding
Villanova Law Review
No abstract provided.
The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby
The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby
Villanova Law Review
No abstract provided.
Constitutional Law - Double Jeopardy - State Prosecution Barred After Federal Prosecution For Same Offense - Burden On State To Show Substantially Different Interests From Those Of Initial Prosecuting Jurisdiction, Ronald J. Examitas
Villanova Law Review
No abstract provided.
Constitutional Law - Fourteenth Amendment Due Process - Representation By Counsel At Trial Is A Prerequisite To The Imposition Of Any Sentence Of Imprisonment Absent Valid Waiver, William J. Lehane
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors