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

Criminal Procedure Commons

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

5,731 Full-Text Articles 3,490 Authors 1,561,901 Downloads 122 Institutions

All Articles in Criminal Procedure

Faceted Search

5,731 full-text articles. Page 1 of 130.

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

The Riddle Of Harmless Error Revisited, John 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 ...


Beyond A Reasonable Disagreement: Judging Habeas Corpus, Noam Biale 2016 University of Cincinnati College of Law

Beyond A Reasonable Disagreement: Judging Habeas Corpus, Noam Biale

University of Cincinnati Law Review

This Article addresses ongoing confusion in federal habeas corpus doctrine about one of the most elemental concepts in law: reasonableness. The Supreme Court recently announced a new standard of reasonableness review for habeas cases, intended to raise the bar state prisoners must overcome to obtain federal relief. This new standard demands that errors in state court decisions be so profound that “no fairminded jurist could disagree” that the result is incorrect. Scholars have decried the rigid and exacting nature of this standard, but very little interpretive work has yet been done to theorize what it means and how it should ...


Suspicion And The Protection Of Fourth Amendment Values, Fabio Arcila Jr. 2016 Touro Law Center

Suspicion And The Protection Of Fourth Amendment Values, Fabio Arcila Jr.

Fabio Arcila Jr.

Suspicion is perhaps the core foundational principle through which we seek to protect and vindicate Fourth Amendment values. Fourth Amendment law could not be clearer, and repeats over and over again, that it proceeds from a presumptive suspicion requirement. We are all so familiar with that proposition that we can easily incant it: a governmental search is presumptively unconstitutional unless supported by some threshold of prior suspicion. Though suspicion is thus a hallmark of Fourth Amendment black letter law, I come to critique it. I critique it because the presumptive suspicion requirement's provenance is historically questionable, both as a ...


Suspicion And The Protection Of Fourth Amendment Values, Fabio Arcila Jr. 2016 Touro Law Center

Suspicion And The Protection Of Fourth Amendment Values, Fabio Arcila Jr.

Fabio Arcila Jr.

Suspicion is perhaps the core foundational principle through which we seek to protect and vindicate Fourth Amendment values. Fourth Amendment law could not be clearer, and repeats over and over again, that it proceeds from a presumptive suspicion requirement. We are all so familiar with that proposition that we can easily incant it: a governmental search is presumptively unconstitutional unless supported by some threshold of prior suspicion. Though suspicion is thus a hallmark of Fourth Amendment black letter law, I come to critique it. I critique it because the presumptive suspicion requirement's provenance is historically questionable, both as a ...


West Germany’S Eastern Policy: Legal Claims And Political Realities, Manfred Zuleeg 2016 University of Bonn

West Germany’S Eastern Policy: Legal Claims And Political Realities, Manfred Zuleeg

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn 2016 University of Georgia School of Law

Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


The Verdict On The Csi Effect: A Study Of The Effect In Monroe County Courtrooms, Paige Monachino 2016 The College at Brockport

The Verdict On The Csi Effect: A Study Of The Effect In Monroe County Courtrooms, Paige Monachino

Senior Honors Theses

This senior honors thesis looks at a phenomenon known as the “CSI Effect”. The CSI Effect is a greatly debated topic with many different opinions as to its existence. The immediate objective of this study is to determine whether the CSI Effect is present in Monroe County, New York courtrooms. A survey distributed to judges, prosecutors, public defenders, and private defense attorneys, practicing in Monroe Country, New York, gives information regarding their experience with the CSI Effect, helping to come to a conclusion about the Effect’s existence. The results of this study show that the CSI Effect does exist ...


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 ...


A Call For Justice: Virginia's Need For Criminal Discovery Reform, Douglas A. Ramseur 2016 University of Richmond

A Call For Justice: Virginia's Need For Criminal Discovery Reform, Douglas A. Ramseur

Richmond Journal of Law and the Public Interest

In order for the promise of a strong and reliable criminal justice system to work properly in Virginia, there must be strong and prepared advocates on both sides of the process. The current process of discovery for criminal cases in Virginia fosters a culture of secrecy and unpreparedness that should not be tolerated in a system that has such power over the lives of every person in this state. It is far past the time for Virginia to move forward on criminal discovery reform. The current rules for criminal discovery in Virginia were first adopted in 1972. The rules do ...


The Punishing Father V. The Nurturing Mother: How Societal Views Towards Criminal Punishment Have Impacted Crime In The United States And Finland, A. Michael DeBolt 2016 University of St. Thomas, Minnesota

The Punishing Father V. The Nurturing Mother: How Societal Views Towards Criminal Punishment Have Impacted Crime In The United States And Finland, A. Michael Debolt

University of St. Thomas Law Journal

No abstract provided.


Clinical Clemency: Scaling Clemency Mountain With Student Guides, Adam Stevenson 2016 University of St. Thomas, Minnesota

Clinical Clemency: Scaling Clemency Mountain With Student Guides, Adam Stevenson

University of St. Thomas Law Journal

No abstract provided.


Preparing The Pardon Power For The 21st Century, P. S. Ruckman Jr. 2016 University of St. Thomas, Minnesota

Preparing The Pardon Power For The 21st Century, P. S. Ruckman Jr.

University of St. Thomas Law Journal

No abstract provided.


The President And The Pardon Power: A Bibliographic Essay, 1989-2015, Jeffrey Crouch 2016 University of St. Thomas, Minnesota

The President And The Pardon Power: A Bibliographic Essay, 1989-2015, Jeffrey Crouch

University of St. Thomas Law Journal

No abstract provided.


Reviewing Clemency In A Time Of Change, Mark Osler 2016 University of St. Thomas School of Law

Reviewing Clemency In A Time Of Change, Mark Osler

University of St. Thomas Law Journal

No abstract provided.


"Virtual Certainty" In A Digital World: The Sixth Circuit's Application Of The Private Search Doctrine To Digital Storage Devices In United States V. Lichtenberger, Stephen Labrecque 2016 Boston College Law School

"Virtual Certainty" In A Digital World: The Sixth Circuit's Application Of The Private Search Doctrine To Digital Storage Devices In United States V. Lichtenberger, Stephen Labrecque

Boston College Law Review

In 2015 in United States v. Lichtenberger, the U.S. Court of Appeals for the Sixth Circuit held that police violated the Fourth Amendment by exceeding the scope of a private search of computer files. This decision deviated from holdings of the U.S. Courts of Appeals for the Fifth and Seventh Circuits, which held that under the private search doctrine, police could more thoroughly search digital devices that were previously searched by a private party. The Sixth Circuit created a circuit split by failing to apply the closed container approach to the digital storage devices in Lichtenberger. This Comment ...


Attorney Questions Predict Jury-Eligible Adult Assessments Of Attorneys, Child Witnesses, And Defendant Guilt, Allison P. Mugno, J. Zoe Klemfuss, Thomas D. Lyon 2016 Florida International University

Attorney Questions Predict Jury-Eligible Adult Assessments Of Attorneys, Child Witnesses, And Defendant Guilt, Allison P. Mugno, J. Zoe Klemfuss, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Children are often the primary source of evidence in maltreatment cases, particularly cases of child sexual abuse, and may be asked to testify in court. Although best-practice protocols for interviewing children suggest that interviewers ask open-ended questions to elicit detailed responses from children, during in-court testimony, attorneys tend to rely on closed-ended questions that elicit simple (often “yes” or “no”) responses (e.g., Andrews, Lamb, & Lyon, 2015; Klemfuss, Quas, & Lyon, 2014). How then are jurors making decisions about children’s credibility and ultimately the case outcome? The present study examined the effect of two attorney-specific factors (e.g., temporal structure and questioning ...


In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward 2016 Seattle University School of Law

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.


Don’T Risk It; Wait Until She’S Sober, Patrick John White 2016 Seattle University School of Law

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.


Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves 2016 Seattle University School of Law

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.


Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada 2016 Seattle University School of Law

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.


Digital Commons powered by bepress