Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Evidence (8)
- Criminal Law (6)
- Federal Courts (2)
- Search and Seizure (2)
- Brady (1)
-
- Constitutional Law (1)
- Constitutional Law; Criminal Law; Criminal Procedure; Evidence (1)
- Controlled Substance (1)
- Criminal Law; Criminal Procedure; Evidence (1)
- Criminal Law; Criminal Procedure; Evidence (1)
- Criminal law (1)
- DNA (1)
- Exculpatory (1)
- Exonerate (1)
- FISA (1)
- FISC (1)
- Federal courts (1)
- Foreign Intelligence Surveillance Act (1)
- Motor Vehicle (1)
- Prosecutor (1)
- Search and seizure (1)
- Witnesses (1)
- Publication Year
- Publication
Articles 1 - 14 of 14
Full-Text Articles in Evidence
The Meaning Of A Misdemeanor In A Post-Ferguson World: Evaluating The Reliability Of Prior Conviction Evidence, John D. King
The Meaning Of A Misdemeanor In A Post-Ferguson World: Evaluating The Reliability Of Prior Conviction Evidence, John D. King
Scholarly Articles
Despite evidence that America’s low-level courts are overburdened, unreliable, and structurally biased, sentencing judges continue to uncritically consider a defendant’s criminal history in fashioning an appropriate punishment. Misdemeanor courts lack many of the procedural safeguards that are thought to ensure accuracy and reliability. As with other stages of the criminal justice system, people of color and poor people are disproportionately burdened with the inaccuracies of the misdemeanor system.
This Article examines instances in which sentencing courts have looked behind the mere fact of a prior conviction and assessed whether that prior conviction offered any meaningful insight for the subsequent sentence. …
Anti-Justice, Melanie D. Wilson
Anti-Justice, Melanie D. Wilson
Scholarly Articles
This Article contends that, despite their unique, ethical duty to “seek justice,” prosecutors regularly fail to fulfill this ethical norm when removed from the traditional, adversarial courtroom setting. Examples abound. For instance, in 2013, Edward Snowden leaked classified information revealing a government-operated surveillance program known as PRISM. That program allows the federal government to collect metadata from phone companies and email accounts and to monitor phone conversations. Until recently, prosecutors relied on some of this covertly acquired intelligence to build criminal cases against American citizens without informing the accused. In failing to notify defendants, prosecutors violated the explicit statutory directives …
Dna – Intimate Information Or Trash For Public Consumption?, Melanie D. Wilson
Dna – Intimate Information Or Trash For Public Consumption?, Melanie D. Wilson
Scholarly Articles
“Surreptitious sampling” may be police officers’ trump card in cracking otherwise unsolvable crimes as serious as murder, arson and rape. Law enforcement officers engage in surreptitious sampling when they covertly collect DNAsamples from unsuspecting people, who inadvertently leave behind hair, skin cells, saliva or other biological materials.Surreptitious sampling is a terrific crime-resolution tool. It allows diligent law enforcement officers to collect proof-positive evidence of guilt or innocence without the hassle of obtaining a warrant and absent probable cause or reasonable suspicion to believe that the contributor of the biological evidence committed a crime. Provided an officer has the energy and …
A Return To The Grand Jury To Promote A Zen Zeal In Prosecutors, Melanie D. Wilson
A Return To The Grand Jury To Promote A Zen Zeal In Prosecutors, Melanie D. Wilson
Scholarly Articles
DNA evidence has freed at least 209 convicted people. Sometimes DNA evidence exonerates a person. Other times, it does not. When it does not exonerate, a prosecutor must decide whether to persist in further prosecution of the defendant. I propose a fresh, but simple, solution for prosecutors who face such choices. To protect the interests of defendants and victims, and to assuage society’s need for fair and accurate outcomes, prosecutors should represent these cases to a grand jury. The grand jury is an easily convened neutral party that can dispassionately evaluate the evidence, old and new, and determine whether a …
United States V. Leon, Lewis F. Powell Jr.
United States V. Leon, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Havens, Lewis F. Powell Jr.
United States V. Havens, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Payner, Lewis F. Powell Jr.
United States V. Payner, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
North Carolina V. Butler, Lewis F. Powell Jr.
North Carolina V. Butler, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Parker V. Randolph, Lewis F. Powell Jr.
Parker V. Randolph, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Commonwealth Of Massachusetts V. White, Lewis F. Powell Jr.
Commonwealth Of Massachusetts V. White, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Ceccolini, Lewis F. Powell Jr.
United States V. Ceccolini, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Oregon V. Hass, Lewis F. Powell Jr.
United States V. Dionisio, Lewis Powell Jr.
United States V. Dionisio, Lewis Powell Jr.
Supreme Court Case Files
No abstract provided.
Schneble V. Florida, Lewis F. Powell Jr.
Schneble V. Florida, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.