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

Criminal Procedure Commons

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

5853 Full-Text Articles 3582 Authors 1651286 Downloads 123 Institutions

All Articles in Criminal Procedure

Faceted Search

5853 full-text articles. Page 1 of 134.

Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross 2016 University of Puget Sound

Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross

Politics & Government Undergraduate Theses

The need for better communication systems in prisons is dire and will reduce recidivism rates in the United States. Not only is communication via phone lines extremely expensive and corrupt, it is almost impossible. Inmates in United States Prisons need this availability and option to communicate with their families and maintain outside relationships. While maintaining healthy and positive relationships is good for inmate's mental health, it also decreases the risk of recidivism. This paper aims to highlight the benefits of phone communication and relationships between inmates and family on the outside for it will decrease the 50% recidivism rate ...


The Riddle Of Harmless Error Revisited, John M. Greabe 2016 Franklin Pierce Law Center

The Riddle Of Harmless Error Revisited, John M. Greabe

John M Greabe

Half a century ago, in Chapman v. California, the Supreme Court imposed on appellate courts an obligation to vacate or reverse criminal judgments marred by constitutional error unless the government demonstrates that the error was harmless beyond a reasonable doubt.  But the Court did not explain the juridical status of this obligation or its relation to the federal harmless-error statute, 28 U.S.C. § 2111.  In the intervening years, commentators have struggled to make sense of Chapman.  Some see it as a constitutional mandate.  Others view it as an example of constitutional common law. In THE RIDDLE OF HARMLESS ERROR ...


Probable Cause To Protect Children: The Connection Between Child Molestation And Child Pornography, Nicholas Pisegna 2016 Boston College Law School

Probable Cause To Protect Children: The Connection Between Child Molestation And Child Pornography, Nicholas Pisegna

Boston College Journal of Law & Social Justice

The federal Circuit Courts of Appeal are divided regarding whether probable cause to search for evidence of child molestation provides probable cause to search for child pornography. This Note examines the relationship among the decisions of the Circuit Courts of Appeal, delves into the empirical evidence regarding the relationship between child pornography and child molestation, and analyzes how the “flexible, non-technical” probable cause standard properly interacts with this relationship. In United States v. Colbert, the U.S. Court of Appeals for the Eighth Circuit concluded that, because of the “intuitive relationship” between child molestation and child pornography, a warrant to ...


Post-Conviction Access To Dna Testing: Why Massachusetts’S 278a Statute Should Be The Model For The Future, Theodore Tibbits 2016 Boston College Law School

Post-Conviction Access To Dna Testing: Why Massachusetts’S 278a Statute Should Be The Model For The Future, Theodore Tibbits

Boston College Journal of Law & Social Justice

With the recent rise of the Innocence Movement, many traditional police tools for evaluating forensic evidence have been called into question. Increasingly, science has proven that certain outdated forensic analyses are unreliable or invalid, shedding light on how these faulty analyses have contributed to numerous unjust convictions of innocent people. Deoxyribonucleic acid (DNA) technology, a subset of forensic analysis, has performed the counterpoint to this trend by exonerating many wrongfully convicted individuals. Access to DNA testing, however, is inconsistent from state to state. Massachusetts’s new 278A motion is a strong model for the correct implementation of a statute providing ...


Sparks V. Bare, 132 Nev. Adv. Op. 43 (Jun. 16, 2016), Emily Haws 2016 Nevada Law Journal

Sparks V. Bare, 132 Nev. Adv. Op. 43 (Jun. 16, 2016), Emily Haws

Nevada Supreme Court Summaries

The Court determined under NRS 189.030(1) that (1) “a misdemeanor appellant is responsible for requesting transcripts and, if not indigent, paying for those transcripts;” and (2) that “the district court has the inherent authority to dismiss a misdemeanor appeal where the appellant fails to prosecute an appeal or comply with the court’s orders.”


Mason V. State, 132 Nev. Adv. Op. 42 (June 16, 2016), Shannon Diaz 2016 Nevada Law Journal

Mason V. State, 132 Nev. Adv. Op. 42 (June 16, 2016), Shannon Diaz

Nevada Supreme Court Summaries

The Court determined that pursuant to NRS 176.035(1), a district court must pronounce aggregate minimum and maximum terms of imprisonment in a defendant’s judgment of conviction.


“Criminal Records” - A Comparative Approach, Sigmund A. Cohn 2016 University of Georgia School of Law

“Criminal Records” - A Comparative Approach, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


Erdos V. United States: Expansion Of Extraterritoriality And Revival Of Exterritoriality, Gary I. Strausberg 2016 George Washington University

Erdos V. United States: Expansion Of Extraterritoriality And Revival Of Exterritoriality, Gary I. Strausberg

Georgia Journal of International & Comparative Law

No abstract provided.


"Where Were Your Clothes?" Eliciting Descriptions Of Clothing Placement From Children Alleging Sexual Abuse In Criminal Trials And Forensic Interviews, Stacia N. Stolzenberg, Thomas D. Lyon 2016 Arizona State University

"Where Were Your Clothes?" Eliciting Descriptions Of Clothing Placement From Children Alleging Sexual Abuse In Criminal Trials And Forensic Interviews, Stacia N. Stolzenberg, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Purpose: The present study examined how children alleging sexual abuse are asked about clothing placement during abusive episodes, both in criminal trials and forensic interviews. The placement of clothing is of great importance, because it facilitates distinguishing abusive touch from non-abusive touch, as well as the severity of abuse when the touching is in fact sexual. If clothing has not been removed, then sexual abuse appears less likely and certain types of sexual contact are physically impossible (or at least highly improbable). Methods: We examined how trial attorneys (n = 142) and forensic interviewers in investigative interviews (n = 155) questioned 5- ...


Familial Influences On Recantation In Substantiated Child Sexual Abuse Cases, Lindsay C. Malloy, Allison P. Mugno, Jillian R. Rivard, Thomas D. Lyon, J A. Quas 2016 Florida International University

Familial Influences On Recantation In Substantiated Child Sexual Abuse Cases, Lindsay C. Malloy, Allison P. Mugno, Jillian R. Rivard, Thomas D. Lyon, J A. Quas

University of Southern California Legal Studies Working Paper Series

The underlying reasons for recantation in children’s disclosure of child sexual abuse (CSA) have been debated in recent years. In the present study, we examined the largest sample of substantiated CSA cases involving recantations to date (n = 58 cases). We specifically matched those cases to 58 non-recanters on key variables found to predict recantation in prior research (i.e., child age, alleged parent figure perpetrator, caregiver unsupportiveness). Bivariate analyses revealed that children were less likely to recant when they were (1) initially removed from home post-disclosure, and (2) initially separated from siblings post-disclosure. Multivariate analyses revealed that children were ...


Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy 2016 Villanova University Charles Widger School of Law

Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy

Villanova Law Review

No abstract provided.


#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan 2016 Villanova University Charles Widger School of Law

#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan

Villanova Law Review

No abstract provided.


Habeas As Forum Allocation: A New Synthesis, Carlos Manuel Vázquez 2016 Georgetown University Law Center

Habeas As Forum Allocation: A New Synthesis, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The scope of habeas relief for state prisoners, especially during the decades before the Supreme Court’s 1953 decision in Brown v. Allen, is a famously disputed question – one of recognized significance for contemporary debates about the proper scope of habeas review. This Essay provides a new answer. It argues that, until the enactment of AEDPA in 1996, state prisoners were always entitled to de novo review of the legal and mixed law/fact questions decided against them by the state courts. Until 1916, such review was provided by the Supreme Court; after 1953, such review was provided by the ...


The United States Supreme Court (Mostly) Gives Up Its Review Role With Ineffective Assistance Of Counsel Cases, Paul Marcus 2016 William & Mary Law School

The United States Supreme Court (Mostly) Gives Up Its Review Role With Ineffective Assistance Of Counsel Cases, Paul Marcus

Faculty Publications

No abstract provided.


Data-Gestuurde Intelligentie In Het Strafrecht, Mireille Hildebrandt 2016 Radboud University Nijmegen

Data-Gestuurde Intelligentie In Het Strafrecht, Mireille Hildebrandt

Mireille Hildebrandt


Dit betreft mijn Preadvies voor de Jaarvergadering van de Nederlandse Juristen Vereniging in juni 2016.
Het recht is gebouwd op de idee dat de geest actief is en de materie passief. Dit eenvoudige schema, dat
het leven overzichtelijk maakte, gaat niet meer op. Dit preadvies beperkt zich dan ook niet tot
gegevensverwerking, hoe belangrijk ook. In het eerste hoofdstuk wordt besproken dat en hoe de
samenleving zich beweegt van een informatiesamenleving (waar meer informatie gelijk staat aan betere
kennis) naar een data-gestuurde samenleving (waar de kunst is om de relevante datapunten te vinden, te
verbinden en daarop te sturen). Het ...


Protecting Our Most Valuable Assets: A Proposal To Return To A Rehabilitative Approach To Juvenile Justice, Amanda Kopnick 2016 University of St. Thomas, Minnesota

Protecting Our Most Valuable Assets: A Proposal To Return To A Rehabilitative Approach To Juvenile Justice, Amanda Kopnick

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Preserving Liberty In The American Justice System Through Circle Processes, Nicole Concordia 2016 University of St. Thomas, Minnesota

Preserving Liberty In The American Justice System Through Circle Processes, Nicole Concordia

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Jurisdiction Of The Irish Courts In The Protection Of The Constitutional Rights Of A Person Accused Of A Crime., Adrian Berski 2016 Dublin Institute of Technology

The Jurisdiction Of The Irish Courts In The Protection Of The Constitutional Rights Of A Person Accused Of A Crime., Adrian Berski

Reports

Studying the Irish Constitutional Law, requires the understanding of how the Irish Political System was evolved. Montesquieu's tripartite system, adopted by the Republic of Ireland is the judiciary[1] has a particular place in the Irish Constitution in articles 34 - 37[2].

The main purpose of this essay is to analyse the balance between the jurisdiction of the Irish Courts in the protection of the constitutional rights of a person accused of a crime and the functioning of the criminal justice system in protecting Society`s general interest. The first section presents a brief summary of the courts functions ...


Arguments Against The Use Of Recidivist Statutes That Contain Mandatory Minimum Sentences, Anthony Nagorski 2016 University of St. Thomas, Minnesota

Arguments Against The Use Of Recidivist Statutes That Contain Mandatory Minimum Sentences, Anthony Nagorski

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Juvenile Justice Reform In Texas: The Context, Content & Consequences Of Senate Bill 1630, Sara A. Gordon 2016 Notre Dame Law School

Juvenile Justice Reform In Texas: The Context, Content & Consequences Of Senate Bill 1630, Sara A. Gordon

Journal of Legislation

No abstract provided.


Digital Commons powered by bepress