Criminal Procedure Commons™
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Recent Articles in Criminal Procedure
The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?, Deborah L. Meyer 
University of Maryland Francis King Carey School of Law
The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?, Deborah L. Meyer
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.
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.
Why Strickland Is The Wrong Test For
Violations Of The Right To Testify, Daniel J. Capra, Joseph Tartakovsky 
Washington & Lee University School of Law
Why Strickland Is The Wrong Test For Violations Of The Right To Testify, Daniel J. Capra, Joseph Tartakovsky
Washington and Lee Law Review
A criminal accused has a constitutional right to testify in his own defense. The right has an undisputed place alongside the most important “personal” rights, like the right to remain silent or the right to represent oneself. But in the 1990s, courts began to apply the ineffective-assistance test of Strickland v. Washington to evaluate claims by a defendant that his right to testify was abridged. In practice this nullifies the right. Moreover, the Strickland test is inapposite because it focuses on counsel and not the defendant’s right to testify. This Article proposes a new test to better secure and ...
State Recoupment Of The Costs Of Defense Of Indigent Criminal Defendants , Mark M. Horgan 
Pepperdine University
State Recoupment Of The Costs Of Defense Of Indigent Criminal Defendants , Mark M. Horgan
Pepperdine Law Review
No abstract provided.
The Right Of The Prosecutor To Advance Notice Of The Defendant's Alibi Defense , Thomas J. Hickey Pepperdine University
The Right Of The Prosecutor To Advance Notice Of The Defendant's Alibi Defense , Thomas J. Hickey
Pepperdine Law Review
No abstract provided.
In Re N, Juvenile Court Must Inform Minor Of His Right To Appeal , John H. Paulsen Pepperdine University
In Re N, Juvenile Court Must Inform Minor Of His Right To Appeal , John H. Paulsen
Pepperdine Law Review
No abstract provided.
The California Constitution And Counsel At Pretrial Lineups: Disneyland Claims Or Deadly Serious Business? , John Moravek Pepperdine University
The California Constitution And Counsel At Pretrial Lineups: Disneyland Claims Or Deadly Serious Business? , John Moravek
Pepperdine Law Review
No abstract provided.
United States Vs. Peltier - The Good Faith Belief Of The Police Officer, Ronald R. Talmo Pepperdine University
United States Vs. Peltier - The Good Faith Belief Of The Police Officer, Ronald R. Talmo
Pepperdine Law Review
No abstract provided.
Johnson V. Superior Court - The Future Of The Grand Jury Indictment In California , Suzanne Haigh Pepperdine University
Johnson V. Superior Court - The Future Of The Grand Jury Indictment In California , Suzanne Haigh
Pepperdine Law Review
No abstract provided.
Murguia V. Municipal Court - The Defense Of Discriminatory Prosecution, Jeffrey L. Garland Pepperdine University
Murguia V. Municipal Court - The Defense Of Discriminatory Prosecution, Jeffrey L. Garland
Pepperdine Law Review
No abstract provided.
The Constitutional Right Of Self-Representation: Faretta And The “Assistance Of Counsel”, Joan W. Garrott Pepperdine University
The Constitutional Right Of Self-Representation: Faretta And The “Assistance Of Counsel”, Joan W. Garrott
Pepperdine Law Review
No abstract provided.
People V. Brisendine: Search And Seizure In California , Donald E. Buddenbaum Pepperdine University
People V. Brisendine: Search And Seizure In California , Donald E. Buddenbaum
Pepperdine Law Review
No abstract provided.
The Pre-Arraignment Lineup: Necessity Of A Magistrate, Harry M. Caldwell, Douglas S. Smith Pepperdine University
The Pre-Arraignment Lineup: Necessity Of A Magistrate, Harry M. Caldwell, Douglas S. Smith
Pepperdine Law Review
No abstract provided.
Discovery By The Prosecution In Criminal Cases: Prudhomme Reconsidered , Jon R. Rolefson Pepperdine University
Discovery By The Prosecution In Criminal Cases: Prudhomme Reconsidered , Jon R. Rolefson
Pepperdine Law Review
No abstract provided.
Mens Rea, Due Process And The Burden Of Proving Sanity Or Insanity, Daniel K. Spradlin Pepperdine University
Mens Rea, Due Process And The Burden Of Proving Sanity Or Insanity, Daniel K. Spradlin
Pepperdine Law Review
No abstract provided.
Limiting The Use Of Prior Felony Convictions To Impeach A Defendant - Witness In California Criminal Proceedings, Richard E. Boehm Pepperdine University
Limiting The Use Of Prior Felony Convictions To Impeach A Defendant - Witness In California Criminal Proceedings, Richard E. Boehm
Pepperdine Law Review
No abstract provided.
Has Skinner Killed The Katz? Are Society's Expectations Of Privacy Reasonable In Today's Techological World?, Jason Forcier 
Phoenix School of Law
Has Skinner Killed The Katz? Are Society's Expectations Of Privacy Reasonable In Today's Techological World?, Jason Forcier
Jason Forcier
The right to privacy has and will remain a hotly contested debate about American liberties. In 2012, a 3-0 decision by the Sixth Circuit Court of Appeals, in United States v. Melvin Skinner, the court held that there is no “reasonable expectation of privacy in the data given off by. . . cellphone[s].” Given today’s explosion of cellular technology and use of smart phones, is it unreasonable to believe a person should remain secure in their "person" and “effects," as guaranteed under the Fourth Amendment, from unreasonable searches and seizures? Furthermore, with police requiring only a subpoena to a obtain ...
Res Judicata: California V. Sims, Alan Saltzman Pepperdine University
Res Judicata: California V. Sims, Alan Saltzman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Popular Institutions
Popular Authors
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Wesleyan University
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American University Washington College of Law
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College of William & Mary Law School
Richard Williamson
College of William & Mary Law School
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Penn State Law
John Blume
Cornell Law Library
Peter Tague
Georgetown University Law Center
Stephen Garvey
Cornell Law Library
Theodore Eisenberg
Cornell Law Library
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Popular Articles
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What Do Juvenile Offenders Know About Being Tried As Adults? Implications For Deterrence , Richard Redding
Deferring Ineffectiveness Claims To Collateral Review: Ensuring Equal Access And A Right To Appointed Counsel, Thomas Place
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Summary Judgment
Victims As Cost Bearers, Richard Adelstein
Based on downloads this month