Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons

Open Access. Powered by Scholars. Published by Universities.®

19,752 Full-Text Articles 11,377 Authors 11,388,944 Downloads 221 Institutions

All Articles in Criminal Law

Faceted Search

19,752 full-text articles. Page 322 of 323.

Second Thoughts On Damages For Wrongful Convictions, Lawrence Rosenthal 2009 Chapman University School of Law

Second Thoughts On Damages For Wrongful Convictions, Lawrence Rosenthal

Lawrence Rosenthal

After the DNA-inspired wave of exonerations of recent years, there has been widespread support for expanding the damages remedies available to those who have been wrongfully accused or convicted. This article argues that the case for providing such compensation is deeply problematic under the justificatory theories usually advanced in support of either no-fault or fault-based liability. Although a regime of strict liability is sometimes thought justifiable to as a means of creating an economic incentive to scale back conduct thought highly likely to produce social losses, it is far from clear that the risk of error is so high in ...


Carnegie Corporation Of New York: Islam Scholars Program Carnegie Scholar 2010-2012, Intisar Rabb 2009 Boston College Law School

Carnegie Corporation Of New York: Islam Scholars Program Carnegie Scholar 2010-2012, Intisar Rabb

Intisar A. Rabb

No abstract provided.


The Requirement Of An Investigator In Public And Private Practice, Robert M. Sanger 2009 Santa Barbara College of Law

The Requirement Of An Investigator In Public And Private Practice, Robert M. Sanger

Robert M. Sanger

Trial lawyers do everything we can to avoid IAC and support the requirements of the Sixth Amendment to the United States Constitution which provides that the accused has a right to counsel -- counsel that is not only present but also effective. Under Ake v. Oklahoma , the United States Supreme Court stated that the right includes the right to have experts and investigators. Since Ake, there has been much litigation, particularly in capital cases, regarding the right to have the use of such experts to do an effective job.  

The California courts have made it clear that the right to the ...


Evolving Away From Evolving Standards Of Decency, John F. Stinneford 2009 University of Florida Levin College of Law

Evolving Away From Evolving Standards Of Decency, John F. Stinneford

John F. Stinneford

No abstract provided.


The Three Errors: Pathways To False Confession And Wrongful Conviction, Richard A. Leo, Steven A. Drizin 2009 University of San Francisco

The Three Errors: Pathways To False Confession And Wrongful Conviction, Richard A. Leo, Steven A. Drizin

Richard A. Leo

Research has demonstrated that false confessors whose cases are not dismissed before trial are often convicted despite their innocence. In order to prevent such wrongful convictions, criminal justice officials must better understand the role that false confessions play in creating and perpetuating miscarriages of justice. This chapter examines police-induced false confessions and analyzes three sequential errors that occur in the social production of every false confession: investigators first misclassify an innocent person as guilty; they next subject him to a guilt-presumptive, accusatory interrogation that invariably involves lies about evidence and often the repeated use of implicit and/or explicit promises ...


Racializing Disability, Disabling Race: Policing Race And Mental Status, Camille Nelson 2009 American University Washington College of Law

Racializing Disability, Disabling Race: Policing Race And Mental Status, Camille Nelson

Camille Nelson

No abstract provided.


Avvisa Eller Ogilla?, Christoffer Wong 2009 Faculty of Law, Lund University

Avvisa Eller Ogilla?, Christoffer Wong

Christoffer Wong

This contribution examines the question whether a court should acquit (i.e. to deliver a verdict of ‘not guilty’) or to dismiss a criminal proceeding when it, e.g. lacks jurisdiction to adjudge the case. The choice may have implications on the question of ne bis in idem.


The Gatehouses And Mansions: 50 Years Later, Richard Leo, K. Alexa Koenig 2009 University of California - Berkeley

The Gatehouses And Mansions: 50 Years Later, Richard Leo, K. Alexa Koenig

Richard A. Leo

In 1965, Yale Kamisar authored “Equal Justice in the Gatehouses and Mansions of American Criminal Procedure,” an article that would come to have an enormous impact on the development of criminal procedure and American norms of criminal justice. Today, that article is a seminal work of scholarship, hailed for “playing a significant part in producing some of the [Warren] Court’s most important criminal-procedure decisions” (White 2003-04), including Miranda v. Arizona. The most influential concept Kamisar promoted may have been his recognition of a gap that loomed between the Constitutional rights actualized in mansions (courts) versus gatehouses (police stations). Kamisar ...


Keeping Incest In The Family, David Field 2009 Bond University

Keeping Incest In The Family, David Field

David Field

In its recent decision in R v Rose (2009) 227 FLR 433 [2009] QCA 83227 FLR 433 [2009] QCA 83, the Queensland Court of Appeal held that it did not constitute the crime of "incest" for a man to have consensual intercourse with the 17-year-old daughter of his former de facto because, in terms of s 222(8) of the Queensland Criminal Code , the two were "entitled to be married". The author argues that this decision has unfortunate implications, for future "victims" of such crimes, for the normally understood distinction between a "right" and a "freedom", and for the consistency ...


Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Richard Leo, Jeremy Seymour 2009 University of California, Hastings College of the Law

Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Richard Leo, Jeremy Seymour

Richard A. Leo

The debate sparked by Herring v. United States is a microcosm of the quintessential debate about the scope of the Fourth Amendment’s exclusionary rule and ultimately the appropriate breadth of police authority and constitutional review by courts. Offering a new reading of the decision, this article argues that Herring reflects a healthy dosage of real politik and an acknowledgement that American policing is characterized by a fragmented, localized structure with little overview and control, and much reliance on local agencies. Part I presents the authors’ interpretation of Herring as a case hinging upon the question “who made the mistake ...


Teaching The Tensions, Angela P. Harris 2009 University of California - Davis

Teaching The Tensions, Angela P. Harris

Angela P Harris

No abstract provided.


The Death Of Suspicion, Fabio Arcila, Jr. 2009 Touro College

The Death Of Suspicion, Fabio Arcila, Jr.

Fabio Arcila Jr.

This article argues that neither the presumptive warrant requirement nor the presumptive suspicion requirement are correct. Though representative of the common law, they do not reflect the totality of our historic experience, which includes civil search practices. More importantly, modern developments - such as urban life and technological advancements, the rise of the regulatory state, and security concerns post-9/11 - have sufficiently changed circumstances so that these rules are not just unworkable now, they are demonstrably wrong. Worst of all, adhering to them has prevented us from formulating a more coherent Fourth Amendment jurisprudence. A new paradigm confronts us, in which ...


Hard Times, Hard Time: Retributive Justice For Unjustly Disadvantaged Offenders, Stuart Green 2009 Rutgers Law School-Newark

Hard Times, Hard Time: Retributive Justice For Unjustly Disadvantaged Offenders, Stuart Green

Stuart Green

Criminological studies consistently indicate that a disproportionate percentage of crimes in our society, both violent and non-violent, are committed by those who are impoverished. If we assume that at least some of the poor who commit crimes are poor because they fail to get from society what they “deserve” in terms of economic or political or social rights, the question arises whether this fact should affect the determination of what such people “deserve” from society in terms of punishment. The question is all the more pressing given recent Census Bureau figures indicating that the economic recession that began in 2008 ...


Commentary: Overcoming Judicial Preferences For Person- Versus Situation-Based Analyses Of Interrogation-Induced Confessions, Deborah Davis, Richard Leo 2009 University of San Francisco

Commentary: Overcoming Judicial Preferences For Person- Versus Situation-Based Analyses Of Interrogation-Induced Confessions, Deborah Davis, Richard Leo

Richard A. Leo

This article identifies some fundamentally mistaken assumptions underlying admissibility decisions favoring disposition-related expert testimony regarding individual vulnerability to false confession over situation-based testimony describing how the context or nature of interrogation can promote false confessions. The authors argue that it is important to understand both the forces of influence within police interrogations and the individual differences that enhance vulnerability to these forces. Most false confessions occur in the context of interrogation and in response to the sources of distress and persuasive tactics of the interrogation. For this reason, this article suggests that experts asked to evaluate an interrogation-induced confession should ...


Police-Induced Confessions, Risk Factors, And Recommendations: Looking Ahead, Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, Richard A. Leo, Allison D. Redlich 2009 University of Massachusetts Medical School

Police-Induced Confessions, Risk Factors, And Recommendations: Looking Ahead, Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, Richard A. Leo, Allison D. Redlich

Richard A. Leo

Reviewing the literature on police-induced confessions, we identified suspect characteristics and interrogation tactics that influence confessions and their effects on juries. We concluded with a call for the mandatory electronic recording of interrogations and a consideration of other possible reforms. The preceding commentaries make important substantive points that can lead us forward—on the effects of videotaping of interrogations on case dispositions; on the study of non-custodial methods, such as the controversial Mr. Big technique; and on an analysis of why confessions, once withdrawn, elicit such intractable responses compared to statements given by child and adult victims. Toward these ends ...


Interrogation Through Pragmatic Implication: Sticking To The Letter Of The Law While Violating Its Intent, Deborah Davis, Richard A. Leo 2009 University of Nevada, Reno

Interrogation Through Pragmatic Implication: Sticking To The Letter Of The Law While Violating Its Intent, Deborah Davis, Richard A. Leo

Richard A. Leo

In response to increasing evidence that police interrogation procedures can and do elicit false confessions from innocent suspects, American Courts have offered guidelines intended to protect suspects from coercive interrogations and to ensure the voluntariness and reliability of any confessions obtained. However, faced with legal prohibitions against police promotion of suspect confessions through use of physical coercion or explicit incentives for confession, American police interrogation tactics have evolved to rely on the use of pragmatic implication to nevertheless convey strong incentives for suspects to confess guilt—practices that have essentially diluted or circumvented the intended protections and that have continued ...


United States Supreme Court Amicus Curiae Brief Filed By Richard A. Leo In Florida V. Powell, 130 S. Ct. 1195, Richard Leo 2009 University of San Francisco School of Law

United States Supreme Court Amicus Curiae Brief Filed By Richard A. Leo In Florida V. Powell, 130 S. Ct. 1195, Richard Leo

Richard A. Leo

This amicus brief, filed in Florida v. Powell, 130 S. Ct. 1195 (2010), addresses the question of whether a suspect is adequately informed of his right to the presence of counsel during custodial interrogation when advised only of his "right to talk to a lawyer before answering any of our questions."


One Hundred Years Later: Wrongful Convictions After A Century Of Research, Richard Leo 2009 University of San Francisco School of Law

One Hundred Years Later: Wrongful Convictions After A Century Of Research, Richard Leo

Richard A. Leo

In this article the authors analyze a century of research on the causes and consequences of wrongful convictions in the American criminal justice system while explaining the many lessons of this body of work. This article chronicles the range of research that has been conducted on wrongful convictions; examines the common sources of error in the criminal justice system and their effects; suggests where additional research and attention are needed; and discusses methodological strategies for improving the quality of research on wrongful convictions. The authors argue that traditional sources of error (eyewitness misidentification, false confessions, perjured testimony, forensic error, tunnel ...


Organizations And Economics, Richard Adelstein 2009 Wesleyan University

Organizations And Economics, Richard Adelstein

Richard Adelstein

A contribution to a symposium on a paper by Richard Posner.


“Intelligence” Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power 2009 Widener University - Harrisburg Campus

“Intelligence” Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power

Robert C Power

No abstract provided.


Digital Commons powered by bepress