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Where The Constitution Falls Short: Confession Admissibility And Police Regulation, Courtney E. Lewis
Where The Constitution Falls Short: Confession Admissibility And Police Regulation, Courtney E. Lewis
Dickinson Law Review (2017-Present)
A confession presented at trial is one of the most damning pieces of evidence against a criminal defendant, which means that the rules governing its admissibility are critical. At the outset of confession admissibility in the United States, the judiciary focused on a confession’s truthfulness. Culminating in the landmark case Miranda v. Arizona, judicial concern with the reliability of confessions shifted away from whether a confession was true and towards curtailing unconstitutional police misconduct. Post-hoc constitutionality review, however, is arguably inappropriate. Such review is inappropriate largely because the reviewing court must find that the confession was voluntary only by …
Revisiting The Public Safety Exception To Miranda For Suspected Terrorists: Dzhokhar Tsarnaev And The Bombing Of The 2013 Boston Marathon, Hannah Lonky
Journal of Criminal Law and Criminology
This Comment examines the application of the public safety exception to Miranda to cases of domestic terrorism, looking particularly at the case of Dzhokhar Tsarnaev and the 2013 Boston Marathon bombing. By comparing the Department of Justice’s War on Terror policies to the Warren Court’s rationale for Miranda, this Comment argues that courts should require law enforcement officers to have reasonable knowledge of an immediate threat to public safety before they may properly invoke the Quarles public safety exception.
Moving Beyond Miranda: Concessions For Confessions, Scott W. Howe
Moving Beyond Miranda: Concessions For Confessions, Scott W. Howe
Northwestern University Law Review
The law governing police interrogation provides perverse incentives. For criminal suspects, the law rewards obstruction and concealment. For police officers, it honors deceit and psychological aggression. For the courts and the rest of us, it encourages blindness and rationalization. This Article contends that the law could help foster better behaviors. The law could incentivize criminals to confess without police trickery and oppression. It could motivate police officers involved in obtaining suspect statements to avoid chicanery and duress. And, it could summon courts and the rest of us to speak more truthfully about whether suspect admissions are the product of informed, …
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii
Brooklyn Law Review
On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …
Privilege Against Self-Incrimination - Right To Compel A Suspect To Perform Physical Acts; City Of Piqua V. Hinger, Charles P. Brumbach
Privilege Against Self-Incrimination - Right To Compel A Suspect To Perform Physical Acts; City Of Piqua V. Hinger, Charles P. Brumbach
Akron Law Review
The writer respectfully disagrees with the Ohio Supreme Court's interpretation of Schmerber as standing for the proposition that such compelled evidence is admissible under the Fifth Amendment to the Constitution. In Schmerber the court merely recognized the evidential distinction between real and testimonial or communicative evidence and ruled that the distinction was determinative in that case. The court acknowledged that there are many possible situations in which the distinction could not so readily be applied. It is submitted that the facts of the instant case present one of those situations.
Evidence - Admissibility Of Statements To Parole Officer - Miranda Warnings; State V. Gallagher, Thomas A. Treadon
Evidence - Admissibility Of Statements To Parole Officer - Miranda Warnings; State V. Gallagher, Thomas A. Treadon
Akron Law Review
The opinion handed down in this recent decision from the Montgomery County Court of Appeals examined a question of first impression in the courts of Ohio. The issue presented was "whether a parole or probation officer is a law enforcement officer within the contemplation of Miranda and thus subject to the Miranda requirements of constitutional warnings to suspects during custodial interrogation...."
Putting The Cat Back In The Bag: Involuntary Confessions And Self-Incrimination, Joseph A. Iemma
Putting The Cat Back In The Bag: Involuntary Confessions And Self-Incrimination, Joseph A. Iemma
Touro Law Review
No abstract provided.
Appellate Division, Fourth Department, People V. Hall, Eric Pack
Appellate Division, Fourth Department, People V. Hall, Eric Pack
Touro Law Review
No abstract provided.
Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell
Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell
Touro Law Review
No abstract provided.
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Touro Law Review
No abstract provided.
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
Touro Law Review
No abstract provided.
A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers
A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers
Oklahoma Law Review
No abstract provided.
Criminal Law, Marla Graff Decker, Stephen R. Mccullough
Criminal Law, Marla Graff Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard
Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard
University of Richmond Law Review
No abstract provided.
Impeaching A Defendant's Testimony By Proof Of Post-Arrest Silence: Doyle V. Ohio, F. Ronald O'Keefe
Impeaching A Defendant's Testimony By Proof Of Post-Arrest Silence: Doyle V. Ohio, F. Ronald O'Keefe
Cleveland State Law Review
This Note will attempt to outline the genesis of the issue of impeachment by post-arrest silence by first discussing the various inquiries into the probative value of silence which had been undertaken by courts on the federal level before Hale (United States v. Hale, 422 U.S. 171 (1975)) . The focus will then shift to the Hale Court's treatment of this issue. The constitutional aspects of the issue will then be discussed, and the pronouncement of the Doyle Court (Doyle v. Ohio, 96 S. Ct. 2240 (1976)) will be analyzed with an emphasis on the continuity between the Hale and …