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

Criminal Procedure Commons

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

3,539 Full-Text Articles 2,295 Authors 1,023,861 Downloads 105 Institutions

All Articles in Criminal Procedure

Faceted Search

3,539 full-text articles. Page 1 of 58.

Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson 2015 SelectedWorks

Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools to combat corporate conspiracy. The most ...


Structural Police Reform, Stephen Rushin 2015 University of Illinois College of Law

Structural Police Reform, Stephen Rushin

Stephen Rushin

No abstract provided.


An Empirical Evaluation Of The Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, And Geographic Disparities?, John J. Donohue 2014 SelectedWorks

An Empirical Evaluation Of The Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, And Geographic Disparities?, John J. Donohue

John Donohue

This article analyzes the 205 death-eligible murders leading to homicide convictions in Connecticut from 1973–2007 to determine if discriminatory and arbitrary factors influenced capital outcomes. A regression analysis controlling for an array of legitimate factors relevant to the crime, defendant, and victim provides overwhelming evidence that minority defendants who kill white victims are capitally charged at substantially higher rates than minority defendants who kill minorities, that geography influences both capital charging and sentencing decisions (with the location of a crime in Waterbury being the single most potent influence on which death-eligible cases will lead to a sentence of death ...


Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor 2014 Roger Williams University

Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor

Proceedings of the New York State Communication Association

This paper uses the dichotomy between Herbert Packer’s (1968) two models of criminal justice advocacy – “crime control” and “due process” – as a rhetorical paradigm for understanding policy debate about the exclusion of relevant evidence at trial. Understanding the opposition between crime control and due process advocates as a rhetorical controversy, in which commonly-used ideographs camouflage dramatically different constructions of the concepts at stake, helps to illuminate the way each side mobilizes public support for their narrative of doing . While both the exclusionary rule (which prohibits the use of illegally-obtained evidence in criminal cases) and the “fruit of the poisonous ...


International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney 2014 University of Georgia School of Law

International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney

Georgia Journal of International & Comparative Law

No abstract provided.


Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker 2014 University of Georgia School of Law

Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker

Georgia Journal of International & Comparative Law

No abstract provided.


The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer 2014 Seattle University School of Law

The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer

Seattle University Law Review

It has now been more than thirty-five years since the Washington Rules of Appellate Procedure (RAP) became effective in 1976 and replaced all prior rules governing appellate procedure. One significant change that those rules made was to clearly describe and delineate a procedural mechanism for seeking interlocutory review of trial court decisions. The ultimate effect on practitioners is both obvious and unavoidable. Many lawyers, rather than stake out a clear position regarding the applicability of the various considerations governing discretionary review, simply argue that any and every consideration that is even arguably applicable is satisfied by the trial court’s ...


Comparative Analysis Of Democracy And Sentencing In The United States As A Model For Reform In Iraq, Sarah E. Kelman 2014 University of Georgia School of Law

Comparative Analysis Of Democracy And Sentencing In The United States As A Model For Reform In Iraq, Sarah E. Kelman

Georgia Journal of International & Comparative Law

No abstract provided.


Summary Of Watson V. State, 130 Nev. Adv. Op. 76, Lindsay Liddell 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Watson V. State, 130 Nev. Adv. Op. 76, Lindsay Liddell

Nevada Supreme Court Summaries

The Court determined that (1) a Batson objection to peremptory strikes should be analyzed with reference to the amount of allegedly targeted-group members within the venire; and (2) that a jury instruction is not issued in error when there was a reasonable likelihood that the jury did not understand the instruction incorrectly, even if the rule does not comprehensively explain the underlying doctrine, so long as it accurately states the law.


Orwellian Surveillance Of Vehicular Travels, Sam Hanna 2014 SelectedWorks

Orwellian Surveillance Of Vehicular Travels, Sam Hanna

Sam Hanna

What would someone learn about you if all your automobile travels were ubiquitously tracked beginning today? Creating an indefinite database of a person’s previous automobile travels to formulate deductions on intimate details of people's lives is precisely what law enforcement agencies are currently able to accomplish with automatic license plate recognition (“ALPR”). With the ubiquity of ALPR cameras, continuous government surveillance of automobile travels is no longer a figment of the imagination. Consequently, the judicial and legislative branches of government must embark on balancing the private and public interests implicated by this technology. Failure to set suitable boundaries ...


Rethinking The Timing Of Capital Clemency , Adam M. Gershowitz 2014 University of Michigan Law School

Rethinking The Timing Of Capital Clemency , Adam M. Gershowitz

Michigan Law Review

This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority of cases, the reason for commutation was known at the conclusion of direct appeals—years or even decades before the habeas process ended. Yet when governors or pardon boards actually commuted the death sentences, they typically waited until the eve of execution, with only days or hours to spare. Leaving clemency until the last minute sometimes leads to many years of unnecessary state and federal habeas corpus litigation, and this Article documents nearly 300 years of wasted habeas corpus review. Additionally, last-minute commutations ...


A Comprehensive Administrative Solution To The Armed Career Criminal Act Debacle , Avi M. Kupfer 2014 University of Michigan Law School

A Comprehensive Administrative Solution To The Armed Career Criminal Act Debacle , Avi M. Kupfer

Michigan Law Review

For thirty years, the Armed Career Criminal Act (“ACCA”) has imposed a fifteen-year mandatory minimum sentence on those people convicted as felons in possession of a firearm or ammunition who have three prior convictions for a violent felony or serious drug offense. Debate about the law has existed mainly within a larger discussion on the normative value of mandatory minimums. Assuming that the ACCA endures, however, administering it will continue to be a challenge. The approach that courts use to determine whether past convictions qualify as ACCA predicate offenses creates ex ante uncertainty and the potential for intercourt disparities. Furthermore ...


Avoiding The “Playpumps” Legacy: Accessible Judgments As A Practical Means To Reengage African Interest And Salvage The International Criminal Court, Matthew C. Kane 2014 SelectedWorks

Avoiding The “Playpumps” Legacy: Accessible Judgments As A Practical Means To Reengage African Interest And Salvage The International Criminal Court, Matthew C. Kane

Matthew C Kane

Long marginalized or directly opposed by the United States and other superpowers, the International Criminal Court is facing a crisis, as many countries that need, and most frequently have relied on, the institution have become increasing adverse to the Court. While many jurists and academics view the ICC as the culmination of an emerging jurisprudence of international criminal law, there is simply no certainty that the Court can avoid becoming the legal version of the ill-fated “PlayPumps,” a project welcomed with great enthusiasm that, a decade later, is no more, its existence evidenced only by the rusty merry-go-rounds littering the ...


Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters Got It Wrong, Melanie M. Reid 2014 Lincoln Memorial University - Duncan School of Law

Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters Got It Wrong, Melanie M. Reid

Melanie M. Reid

Intelligence is defined as the collection and analysis of information of military or political value, many times relevant to national security issues, and necessary to implement operational counterterrorism. The U.S. government has demonstrated a history of intelligence collection, gathering information on communists in the 1950s, civil rights groups and Vietnam War protesters in the 1960s, and a wide variety of diverse groups, both U.S. citizens and non-U.S. citizens, today. The purpose for much of this intelligence gathering has been under the guise of national security. Edward Snowden’s recent disclosures of secret U.S. government surveillance programs ...


Preliminayr Study On The Advisory Jurisdiction Of International Criminal Court, Ying Yang 2014 SelectedWorks

Preliminayr Study On The Advisory Jurisdiction Of International Criminal Court, Ying Yang

Ying Yang

The Rome Statute and the Regulations of the International Criminal Court stipulate the very detailed contentious jurisdiction, but the Advisory Jurisdiction are not mentioned. Advisory jurisdiction, as the complement of the contentious jurisdiction, not only provides the other aspect support of legal basis for the settlement of international disputes, but also provides a new way of legal remedies for the statutory advisory qualified international organizations and other subjects of international law. Therefore, I try to suggest that the International Criminal Court can establish an Advisory Committee that includes two parts, one part is the Advisory Committee on Legal Texts, the ...


The Stickiness Principle And Searches Incident To Arrest, Steven I. Friedland 2014 SelectedWorks

The Stickiness Principle And Searches Incident To Arrest, Steven I. Friedland

Steven I. Friedland

In Fourth Amendment decisions, different concepts, facts and assumptions about reality are often tethered together in judicial decisions, creating a Stickiness Principle. In particular, form and function historically were viewed as an identity, not a dichotomy. For example, containers carried things, watches told time, and telephones were used to make voice calls. Advancing technology, though, began to fracture this identity and the broader Stickiness Principle.

In June 2014, Riley v. California and its companion case, United States v. Wurie, offered the Supreme Court an opportunity to begin untethering form and function and dismantling the Stickiness Principle. Riley presented the question ...


Dna Analysis And The Confrontation Clause: “Special Needs” Category For Dna Testimonial Evidence, Colleen Clark 2014 Golden Gate University School of Law

Dna Analysis And The Confrontation Clause: “Special Needs” Category For Dna Testimonial Evidence, Colleen Clark

Golden Gate University Law Review

This Comment examines three recent U.S. Supreme Court decisions dealing with forensic evidence and how its use is affected by the Confrontation Clause. The Confrontation Clause provides a defendant with the right to confront adverse witnesses. Notably, in Williams v. Illinois, Justice Breyer pointed out that the Court has explicitly not addressed the “outer limits of the “testimonial statements” rule set forth in Crawford v. Washington.” Specifically, Justice Breyer asked how “the Confrontation Clause [applies] to the panoply of crime laboratory reports and underlying technical statements written by (or otherwise made by) laboratory technicians?” This question, while left unanswered ...


The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns 2014 Pepperdine University

The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns

Pepperdine Dispute Resolution Law Journal

This article discusses the importance of mediation and mediation-like alternative dispute resolution (ADR) methods used by the U.S. federal district courts to settle prisoner litigation claims. Topics discussed include laws made for the prisoners for filing their claims in the Federal District Courts under Section 1983, the role of ADR in resolving prisoner grievances and the role of ADR in settling the disputes related to prisoner civil rights.


Hall V. Florida: The Death Of Georgia's Beyond A Reasonable Doubt Standard, Adam Lamparello 2014 SelectedWorks

Hall V. Florida: The Death Of Georgia's Beyond A Reasonable Doubt Standard, Adam Lamparello

Adam Lamparello

Welcome: We’re Glad Georgia is On Your Mind.

Georgia is on many minds as Warren Hill prepares for a state court hearing to once again begin the process of trying to show that he is intellectually disabled. As Warren Hill continues to flirt with death, one must ask, is Georgia really going to execute someone that nine experts and a lower court twice found to be mentally retarded? The answer is yes, and the Georgia courts do not understand why we are scratching our heads. The answer is simple: executing an intellectually disabled man is akin to strapping a ...


A “More Searching Judicial Inquiry”: The Justiciability Of Intra-Military Sexual Assault Claims, Ann-Marie Woods 2014 Boston College Law School

A “More Searching Judicial Inquiry”: The Justiciability Of Intra-Military Sexual Assault Claims, Ann-Marie Woods

Boston College Law Review

More than seventy members of the U.S. military face abusive sexual contact, aggravated sexual assault, or rape every day, equating to three victims every hour. Congress and the Department of Defense have proposed reforms that focus on changes to the criminal justice system under the Uniform Code of Military Justice (UCMJ) in addition to tactical safety and informational efforts for prevention and response. Although deterrent measures and a transparent criminal justice system are both necessary components for meaningful reform, this Note argues that lasting institutional change and true individual justice can only be achieved by providing a civil remedy ...


Digital Commons powered by bepress