Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 3 of 3
Full-Text Articles in Jurisprudence
The Quantum Of Suspicion Needed For An Exigent Circumstances Search, Kit Kinports
The Quantum Of Suspicion Needed For An Exigent Circumstances Search, Kit Kinports
University of Michigan Journal of Law Reform
For decades, the United States Supreme Court opinions articulating the standard of exigency necessary to trigger the exigent circumstances exception to the Fourth Amendment’s warrant requirement have been maddeningly opaque and confusing. Some cases require probable cause, others call for reasonable suspicion, and still, others use undefined and unhelpful terms such as “reasonable to believe” in describing how exigent the situation must be to permit the police to proceed without a warrant. Not surprisingly, the conflicting signals coming from the Supreme Court have led to disagreement in the lower courts.
To resolve this conflict and provide guidance to law enforcement …
The New American Caste System: The Supreme Court And Discrimination Among Civil Rights Plaintiffs, Melissa L. Koehn
The New American Caste System: The Supreme Court And Discrimination Among Civil Rights Plaintiffs, Melissa L. Koehn
University of Michigan Journal of Law Reform
Fifteen percent of the decisions issued by the Supreme Court during its 1996-97 Term centered around section 1983. Section 1983 provides civil rights plaintiffs with a procedural mechanism for vindicating their federally protected rights, including those enshrined in the Constitution. The Court's decisions from its 1996-97 Term reflect a continuation of the alarming trend that has permeated section 1983 for the last two decades-a movement to decrease the scope of section 1983, regardless of the impact on constitutional rights. The Supreme Court appears to be creating a hierarchy both of constitutional rights and of plaintiffs: free speech and takings claims …
The Right To Counsel In Police Interrogation Cases: Miranda And Williams, Mitchell Leibson Chyette
The Right To Counsel In Police Interrogation Cases: Miranda And Williams, Mitchell Leibson Chyette
University of Michigan Journal of Law Reform
This article will consider some of the theoretical and practical ramifications of the Williams decision and compare its protections to the protections offered by Miranda. The article, focussing on the right to counsel, discusses the nature of the police conduct which is prohibited by each decision, the time at which the protections involved become effective, and the standard by which a waiver of the rights will be measured. The article concludes that there may be significant differences in the application of the two cases and that a uniform rule based on the sixth amendment may be superior to the …