Criminal Law Commons™
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Recent Articles in Criminal Law
Executive Summary Of Special Report Submitted To The Honorable Jack Markell Governor, State Of Delaware, May 10, 2010, Independent Review Of The Earl Brian Bradley Case, Linda L. Ammons 
Widener Law
Executive Summary Of Special Report Submitted To The Honorable Jack Markell Governor, State Of Delaware, May 10, 2010, Independent Review Of The Earl Brian Bradley Case, Linda L. Ammons
Linda L. Ammons
No abstract provided.
Safe To Drive? Police Powers Of Search And Seizure In The Vehicular Context, Mark Rucci 
The University of Maine
Safe To Drive? Police Powers Of Search And Seizure In The Vehicular Context, Mark Rucci
Honors College
Since their creation, automobiles have become a central facet of the American culture and psyche. As status symbols and modes of transportation their importance cannot be overstated. Americans love their cars, and the average citizen believes that he or she has legitimate privacy interests in his or her vehicle. But is this the case? For decades, The Court has struggled to balance 4th Amendment privacy rights with effective police procedure, and has thus handed down dozens of rulings on the topic, many of which often seem disparate and contradictory. In the face of such confusion, the Court’s answer has ...
A Jury Of Whose Peers?: Eliminating Racial Discrimination In Jury Selection Procedures, Hilary Weddell 
Boston College Law School
A Jury Of Whose Peers?: Eliminating Racial Discrimination In Jury Selection Procedures, Hilary Weddell
Boston College Journal of Law & Social Justice
The jury system is intended to instill fairness and increase confidence in the American legal system as a whole. Despite this goal, widespread discrimination remains in jury selection procedures. In order to adequately protect both a defendant’s right to be tried by a jury of his peers and every citizen’s right to participate in the legal system, representativeness should be improved at each of three levels where juror exclusion takes place: (1) the assembly of the jury pool; (2) the issuance of exemptions and excusals from jury service; and (3) the use of peremptory challenges in empanelling the ...
Reaching Batson's Challenge Twenty-Five Years Later: Eliminating The Peremptory Challenge And Loosening The Challenge For Cause Standard, Matt Haven 
University of Maryland Francis King Carey School of Law
Reaching Batson's Challenge Twenty-Five Years Later: Eliminating The Peremptory Challenge And Loosening The Challenge For Cause Standard, Matt Haven
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine University of Maryland Francis King Carey School of Law
Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Criminalization Of Housing: A Revolving Door That Results In Boarded Up Doors In Low-Income Neighborhoods In Baltimore, Maryland, Sarah Spangler Rhine University of Maryland Francis King Carey School of Law
Criminalization Of Housing: A Revolving Door That Results In Boarded Up Doors In Low-Income Neighborhoods In Baltimore, Maryland, Sarah Spangler Rhine
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Death By Incarceration As A Cruel And Unusual Punishment When Applied To Juveniles: Extending Roper To Life Without Parole, Our Other Death Penalty, Robert Johnson, Sonia Tabriz University of Maryland Francis King Carey School of Law
Death By Incarceration As A Cruel And Unusual Punishment When Applied To Juveniles: Extending Roper To Life Without Parole, Our Other Death Penalty, Robert Johnson, Sonia Tabriz
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson University of Maryland Francis King Carey School of Law
“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Mothers, Babies And Jail, Rebecca Johnson University of Maryland Francis King Carey School of Law
Mothers, Babies And Jail, Rebecca Johnson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive, Richard C. Cahn 
Touro College Jacob D. Fuchsberg Law Center
Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive, Richard C. Cahn
Touro Law Review
No abstract provided.
An Eighth Amendment Analysis Of Juvenile Life Without Parole: Extending Graham To All Juvenile Offenders, Robert Johnson, Chris Miller University of Maryland Francis King Carey School of Law
An Eighth Amendment Analysis Of Juvenile Life Without Parole: Extending Graham To All Juvenile Offenders, Robert Johnson, Chris Miller
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Application Of The Insanity Defense To Postpartum Disorder-Driven Infanticide In The United States: A Look Toward The Enactment Of An Infanticide Act, April J. Walker University of Maryland Francis King Carey School of Law
Application Of The Insanity Defense To Postpartum Disorder-Driven Infanticide In The United States: A Look Toward The Enactment Of An Infanticide Act, April J. Walker
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Crawford V. Washington: The Admissibility Of Statements To Physicians And The Use Of Closed-Circuit Television In Cases Of Child Sexual Abuse, Jon Simon Stefanuca University of Maryland Francis King Carey School of Law
Crawford V. Washington: The Admissibility Of Statements To Physicians And The Use Of Closed-Circuit Television In Cases Of Child Sexual Abuse, Jon Simon Stefanuca
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Revisiting Robinson: The Eighth Amendment As Constitutional Support For Theories Of Criminal Responsibility, Jeffrey A. Rowe University of Maryland Francis King Carey School of Law
Revisiting Robinson: The Eighth Amendment As Constitutional Support For Theories Of Criminal Responsibility, Jeffrey A. Rowe
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Gates V. Cook: Are Courts Equipped To Manage Prisons?, Katherine T. Wainwright University of Maryland Francis King Carey School of Law
Gates V. Cook: Are Courts Equipped To Manage Prisons?, Katherine T. Wainwright
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Justice By Geography And Race: The Administration Of The Death Penalty In Maryland, 1978-1999, Raymond Paternoster, Robert Brame, Sarah Bacon, Andrew Ditchfield University of Maryland Francis King Carey School of Law
Justice By Geography And Race: The Administration Of The Death Penalty In Maryland, 1978-1999, Raymond Paternoster, Robert Brame, Sarah Bacon, Andrew Ditchfield
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Admissibility Of Cell Site Location
Information In Washington Courts, Ryan W. Dumm 
Seattle University School of Law
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 ...
“Lonesome Road”: Driving Without The
Fourth Amendment, Lewis R. Katz Seattle University School of Law
“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.
Examining Montana's Right To Attack Unconstitutional Prior Convictions At Sentencing: State V. Maine, Paul Leisher 
The University of Montana School of Law
Examining Montana's Right To Attack Unconstitutional Prior Convictions At Sentencing: State V. Maine, Paul Leisher
Montana Law Review
The Maine Court had good reason to reject Custis. Between 1967 when Burgett announced the rule that a current sentence could not be enhanced based on an unconstitutional prior sentence and 1994 when Custis limited the scope of that rule, all but one of the federal circuit courts to consider the issue held the Burgett Court’s rationale for barring the use of a conviction obtained in violation of Gideon must apply to other constitutional rights as well. The arguments for limiting collateral attacks on prior convictions at sentencing to only claims of Gideon violations are unpersuasive. Faced with the ...
Drug Induced Insanity And Unconsciousness - A Clarification Of California Law, Jerome Bleiweis 
Pepperdine University
Drug Induced Insanity And Unconsciousness - A Clarification Of California Law, Jerome Bleiweis
Pepperdine Law Review
No abstract provided.
Popular Institutions
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Social Contract Theory Of John Locke (1932-1704) In The Contemporary World
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