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Duties Of Capital Trial Counsel Under The California “Death Penalty Reform And Savings Act Of 2016”, Robert M. Sanger 2017 Santa Barbara College of Law

Duties Of Capital Trial Counsel Under The California “Death Penalty Reform And Savings Act Of 2016”, Robert M. Sanger

Robert M. Sanger

Every trial lawyer who is handling a capital case in California or who has handled a capital case for which the decision of the California Supreme Court is not final on a pending habeas corpus petition, needs to be aware of certain specific duties and strategies required by The Death Penalty Reform and Savings Act of 2016,1 Proposition 66, enacted by the voters2 on November 8, 2016.3 The Act imposes new duties on capital trial counsel following a judgment of death, will require more prompt discharge of other duties and may even present an opportunity. While the article ...


Preservation: What Is It Good For?, Yuval Simchi-Levi 2017 N.Y. County District Attorney's Office

Preservation: What Is It Good For?, Yuval Simchi-Levi

Pace Law Review

The Article proceeds as follows: in Part A, the preservation doctrine is defined. In Part B, the history of the preservation doctrine is described. In Part C, there is an explanation as to the purpose of preservation. In Part D, there is a description of the appellate process in New York. In Part E, the statutory rules of the New York Court of Appeals are described. In Part F, there is a description of how the rules of preservation have loosened in New York since 2009. In Part G, there is a statistical analysis of the consequences of loosening the ...


Quantifying The Contours Of Power: Chief Justice Roberts & Justice Kennedy In Criminal Justice Cases, Michael A. McCall, Madhavi M. McCall 2017 San Diego State University

Quantifying The Contours Of Power: Chief Justice Roberts & Justice Kennedy In Criminal Justice Cases, Michael A. Mccall, Madhavi M. Mccall

Pace Law Review

This Article seeks to contribute to the debate with an empirical analysis of voting behavior in criminal justice cases decided during the first ten Terms of the Roberts Court era. The following section presents the study’s case selection and introduces the types of measures used to illuminate influence on the High Court (Part II). Court- and individual-level tendencies (Part III) identify potential spheres of influence occupied by Chief Justice Roberts and Justice Kennedy. These bases of judicial power are examined separately in Part IV (Chief Justice Roberts) and Part V (Justice Kennedy). Some possible implications of Justice Scalia’s ...


The Private Search Doctrine And The Evolution Of Fourth Amendment Jurisprudence In The Face Of New Technology: A Broad Or Narrow Exception?, Adam A. Bereston 2017 The Catholic University of America, Columbus School of Law

The Private Search Doctrine And The Evolution Of Fourth Amendment Jurisprudence In The Face Of New Technology: A Broad Or Narrow Exception?, Adam A. Bereston

Catholic University Law Review

The advent of new technology has presented courts with unique challenges when analyzing searches and seizures under the Fourth Amendment. Out of necessity, the application of the Fourth Amendment has evolved to address privacy issues stemming from modern technology that could not have been anticipated by the Amendment’s drafters. As part of this evolution, the Supreme Court devised the “private search” doctrine, which upholds the constitutionality of warrantless police searches of items that were previously searched by a private party, so long as the police search does not exceed the scope of the private-party search. However, courts have struggled ...


Stubbornness Of Pretexts, Daniel B. Yeager 2017 California Western School of Law

Stubbornness Of Pretexts, Daniel B. Yeager

Daniel B. Yeager

This Article will reflect on (1) how the Whren v. United States failure to acknowledge what counts as a pretext accounts for the residual confusion as to whether or not Whren really has killed off the pretext argument in constitutional criminal procedure, and (2) the extent to which the Court in Sullivan compounded that failure, which I hope to lightly correct here by distinguishing motives from intentions and then by elaborating the role that each plays, or at least should play, in Fourth Amendment jurisprudence.


Categorical And Individualized Rights- Ordering On Federal Habeas Corpus, Daniel B. Yeager 2017 Selected Works

Categorical And Individualized Rights- Ordering On Federal Habeas Corpus, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.


Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager 2017 California Western School of Law

Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager

Daniel B. Yeager

This Article is about the misunderstood relationship between the Fourth Amendment and the positive law. It shows how state property law and other expressions of the positive law are more resilient and useful to Fourth Amendment analysis than the Court's decisions of the past three decades recognize.


Categorical And Individualized Rights-Ordering On Federal Habeas Corpus, Daniel B. Yeager 2017 California Western School of Law

Categorical And Individualized Rights-Ordering On Federal Habeas Corpus, Daniel B. Yeager

Daniel B. Yeager

This Article criticizes the Supreme Court's treatment of both individualized and categorical bases of relief on federal habeas corpus. Part I notes the Court's trend toward trimming the process that is due in criminal and prisoner litigation generally. This trend may explain the drop in process on habeas as well, but generally declining process cannot explain which rights, if any, should survive the decline. That would require our weighting, if not reconciling, accuracy and dignitary norms, which is the subject of Part II. In Part II, I examine Withrow v Williams, a case from the Court's 1992 ...


Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager 2017 California Western School of Law

Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.


Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager 2017 California Western School of Law

Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.


Overcoming Hiddenness: The Role Of Intentions In Fourth Amendment Analysis, Daniel B. Yeager 2017 California Western School of Law

Overcoming Hiddenness: The Role Of Intentions In Fourth Amendment Analysis, Daniel B. Yeager

Daniel B. Yeager

This Article rehearses a response to the problems posed to and by the Supreme Court's attempts to work out the meaning and operation of the word "search." After commencing Part II by meditating on the notion of privacy, I take up its relation to the antecedent suspicion or knowledge that Fourth-Amendment law requires as a justification for all privacy invasions. From there, I look specifically at that uneasy relation in Supreme Court jurisprudence, which has come to privilege privacy over property as a Fourth Amendment value. From there, Part III reviews the sources or bases that can tell us ...


Rethinking Custodial Interrogation, Daniel B. Yeager 2017 California Western School of Law

Rethinking Custodial Interrogation, Daniel B. Yeager

Daniel B. Yeager

This Article attempts to resurrect a concept crucial to the Supreme Court lexicon. It is not, however, a police manual. This Article concerns itself solely with questions surrounding the admissibility of confessions, and in so doing, attempts to show that only a reconsideration of custodial interrogation can restore the "significant deprivations" language to the status granted it in Miranda v. Arizona.


Jury Consideration Of Parole, Fernand N. Dutile 2017 Notre Dame Law School

Jury Consideration Of Parole, Fernand N. Dutile

Fernand "Tex" N. Dutile

No abstract provided.


Criminal Law And Procedure--Bringing It Home, Fernand N. Dutile 2017 Notre Dame Law School

Criminal Law And Procedure--Bringing It Home, Fernand N. Dutile

Fernand "Tex" N. Dutile

No abstract provided.


Sentencing Reform: The Power Of Reasons, R. Michael Cassidy, Robert L. Ullmann 2017 Boston College Law School

Sentencing Reform: The Power Of Reasons, R. Michael Cassidy, Robert L. Ullmann

R. Michael Cassidy

No abstract provided.


Unintended Consequences: Addressing The Impact Of Domestic Violence Mandatory And Pro-Arrest Policies And Practices On Girls And Young Women, Francine T. Sherman 2017 Boston College Law School

Unintended Consequences: Addressing The Impact Of Domestic Violence Mandatory And Pro-Arrest Policies And Practices On Girls And Young Women, Francine T. Sherman

Francine T. Sherman

The OJJDP-funded National Girls Initiative and the Office on Violence Against Women (OVW) convened a roundtable of advocates to discuss the unintended consequences of mandatory and pro-arrest policies for domestic violence on girls and young women. Out of that convening arose this summary report, Unintended Consequences: Addressing the Impact of Domestic Violence Mandatory and Pro-Arrest Policies and Practices on Girls and Young Women. Our hope is that this summary report fuels a conversation about the unintended consequences and impact of mandatory and pro-arrest domestic violence policies on girls, young women, and women, as well as the disproportionate impact on communities ...


Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom 2017 Boston College Law School

Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom

Daniel Kanstroom

The relationship between federal immigration enforcement and state criminal, post-conviction law exemplifies certain inevitable complexities of preemption and federalism. Because neither perfect uniformity nor complete preemption is possible, we must consider two questions: First, whether (and, if so, how) state courts adjudicating rights should account for legitimate federal immigration law goals, such as uniformity and finality? Second, how should federal courts deploy preemption and federalism principles when faced with challenges by federal authorities to such state court actions? This article offers a framework of “dialogical federalism,” seeking to normalize certain tensions under a rubric of dialogue, rather than formal hierarchy ...


Kastigar V. United States: The Immunity Standard Redefined, Richard McMahon 2017 St. John's University School of Law

Kastigar V. United States: The Immunity Standard Redefined, Richard Mcmahon

The Catholic Lawyer

No abstract provided.


When Is A Criminal Trial Not A Criminal Trial? - The Case Against Jury Trials In Juvenile Court, Ronald G. Russo 2017 St. John's University School of Law

When Is A Criminal Trial Not A Criminal Trial? - The Case Against Jury Trials In Juvenile Court, Ronald G. Russo

The Catholic Lawyer

No abstract provided.


Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson 2017 University of Pennsylvania

Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson

Faculty Scholarship

Our current pretrial system imposes high costs on both the people who are detained pretrial and the taxpayers who foot the bill. These costs have prompted a surge of bail reform around the country. Reformers seek to reduce pretrial detention rates, as well as racial and socioeconomic disparities in the pretrial system, while simultaneously improving appearance rates and reducing pretrial crime. The current state of pretrial practice suggests that there is ample room for improvement. Bail hearings are often cursory, with no defense counsel present. Money-bail practices lead to high rates of detention even among misdemeanor defendants and those who ...


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