Search And Seizure - Warrantless Search- Allowable Extent Incident To Arrest; United States V. Robinson, 2015 The University of Akron
Search And Seizure - Warrantless Search- Allowable Extent Incident To Arrest; United States V. Robinson, John Nelson Childs
Akron Law Review
DISTRICT OF COLUMBIA Metropolitan Policeman Richard Jencks, on April 19, 1968, halted Willie Robinson for a "routine spot check."' While examining Robinson's driver's license, motor vehicle registration, and selective service card, Officer Jencks noticed an 11-year discrepancy between the two birthdates listed on his driver's license and his draft card. Upon a later check of police traffic records, Officer Jencks discovered that an operator's permit issued to "Willie Robinson, Jr.," born in 1927, had been revoked and that a temporary license had been issued to a "Willie Robinson," born in 1938. Four days later, the same officer observed Robinson operating …
Reforming The Mental Health Law Of Ohio, 2015 The University of Akron
Reforming The Mental Health Law Of Ohio, James K. Feldman
Akron Law Review
IT WAS A COLD, SNOWY DAY toward the end of November, 1859. C. P. Wolcott, one of Akron's prominent attorneys, bundled up on the seat of his "buckboard," was driving his team all about town, trying to obtain affidavits from various citizens of his community who could testify to his client's mad delusions, and thereby save him from execution for charges arising from his attempt to seize the federal army arsenal at Harper's Ferry, Virginia, the previous October 16th. John Brown, married and the father of 20 children, was sentenced to be hanged on December 2nd. The client sincerely believed …
Corporal Punishment In The Public Schools: The Legal Question, 2015 The University of Akron
Corporal Punishment In The Public Schools: The Legal Question, William Irwin Arbuckle Iii
Akron Law Review
PUBLIC EDUCATION in the United States has come a long way since the one-room schoolhouse days. This phenomenal growth has been paced by the controversy surrounding the use of corporal punishment as a means of enforcing discipline in the schools. From the oldest reported case reaching the issue of corporal punishment' back in 1833 down to the present, the proponents of corporal punishment have had to defend their actions in the courts from a wide variety of attacks based on criminal law, tort law, state statutes, school board regulations and, most recently, constitutional guarantees. Although the attacks on corporal punishment …
Warrantless Search Of A College Dormitory, 2015 The University of Akron
Warrantless Search Of A College Dormitory, Ronald J. Bacigal
Akron Law Review
The first question the courts must consider is whether there are any limitations on when and how university officials may search a dormitory room. Since the fourth amendment has no application to searches and seizures conducted by private individuals, the courts have jurisdiction to review only state action infringing on the constitutional right to a reasonable expectation of privacy. In spite of indirect public financial support and state regulation of private universities, the courts have thus far held that the actions of private university officials are not to be considered as a form of state action. Thus this article is …
Visualizing Dna Proof, 2015 Indiana University Robert H. McKinney School of Law
Visualizing Dna Proof, Nicholas L. Georgakopoulos
Nicholas L Georgakopoulos
DNA proof inherently involves the use of probability theory, which is often counterintuitive. Visual depictions of probability theory, however, can clarify the analysis and make it tractable. A DNA hit from a large database is a notoriously difficult probability theory issue, yet the visuals should enable courts and juries to handle it. The Puckett facts are an example of a general approach: A search in a large DNA database produces a hit for a cold crime from 1972 San Francisco. Probability theory allows us to process the probabilities that someone else in the database, someone not in the database, or …
"Should I Stay Or Should I Go Now": Analyzing The Federal Prosecution Of Aliens Who Attempt To Stop Living Unlawfully In The United States, 2015 SelectedWorks
"Should I Stay Or Should I Go Now": Analyzing The Federal Prosecution Of Aliens Who Attempt To Stop Living Unlawfully In The United States, Sergio Garcia
Sergio Garcia
Abstract: Title 8 U.S.C. § 1326(a) makes it a crime for a previously deported alien to be “found in” the United States without the Attorney General’s consent. There is, however, a conflict among the circuits over whether an illegal alien is “found in” the United States for purposes of § 1326 when he voluntarily travels to a port of entry and is detained there by immigration authorities while he is seeking to leave the country. The circuit courts bordering Mexico and Canada disagree on this issue as a matter of law, as well as a matter of Congressional intent. This …
Searches And Seizures - Banks And Banking - Witnesses - Right To Privacy; California Bankers Association V. Schultz, 2015 The University of Akron
Searches And Seizures - Banks And Banking - Witnesses - Right To Privacy; California Bankers Association V. Schultz, David F. Dybvig
Akron Law Review
FOLLOWING EXTENSIVE HEARINGS, Congress enacted what has become known as the Bank Secrecy Act of 1970. In California Bankers Association v. Schultz, certain parts of the Act were subjected to constitutional attack by various plaintiffs, including individual bank customers, a national bank, a bankers association, and the American Civil Liberties Union, representing itself and its bank customer members. The plaintiffs' challenges rested on the first, fourth, fifth, ninth, tenth, and fourteenth amendments.
Legislative Response To Furman V. Georgia - Ohio Restores The Death Penalty, 2015 The University of Akron
Legislative Response To Furman V. Georgia - Ohio Restores The Death Penalty, Jeffrey T. Heintz
Akron Law Review
THE ABOVE REPRESENTS the first inclusion of a prohibition against cruel and unusual punishments in any charter of any colony in the New World. Believed to be traceable to the Magna Charta, such a prohibition is now embodied in our eighth amendment. It has been the subject of much litigation and construction, most recently in Furman v. Georgia, where the death penalty, as then imposed, was declared to be invalid as cruel and unusual. Some states, including Ohio, have responded with new statutes controlling imposition of the death penalty in order to circumvent the Furman proscriptions. Only time will tell …
The Right To Resist An Unlawful Arrest: Judicial And Legislative Overreaction?, 2015 The University of Akron
The Right To Resist An Unlawful Arrest: Judicial And Legislative Overreaction?, James B. Lindsey
Akron Law Review
THIS COMMENT will focus on the subject of the right to resist an unlawful arrest. The choice of this topic is the result of a change in the common law rule in a few key states which may herald the demise of this rule in all of the states. It is also of particular note that the State of Ohio has seen fit to alter its position on the common law rule recently.' In its essence, this writing will address itself to the clash between the American legal tradition of providing an effective legal remedy for every actionable harm or …
The Right To Resist An Unlawful Arrest: Judicial And Legislative Overreaction?, 2015 The University of Akron
The Right To Resist An Unlawful Arrest: Judicial And Legislative Overreaction?, James B. Lindsey
Akron Law Review
THIS COMMENT will focus on the subject of the right to resist an unlawful arrest. The choice of this topic is the result of a change in the common law rule in a few key states which may herald the demise of this rule in all of the states. It is also of particular note that the State of Ohio has seen fit to alter its position on the common law rule recently.' In its essence, this writing will address itself to the clash between the American legal tradition of providing an effective legal remedy for every actionable harm or …
Legal Thinking, The Adversarial Process And Exonerating Innocent Defendants: A Socio-Legal View Of The Wrongful Conviction Process., 2015 Cameron University
Legal Thinking, The Adversarial Process And Exonerating Innocent Defendants: A Socio-Legal View Of The Wrongful Conviction Process., Gary J. Kowaluk
Gary J Kowaluk
Little is as frustrating as advocating the release of an innocent defendant who has been wrongfully convicted. Surprisingly, most of the wrongfully convicted fail to overturn their cases through the courts, and rely on government officials and prosecutor’s to find other ways to release them from custody. Too often the wrongful conviction process leaves lawyers and judges arguing to legally support injustices in the face of a practical common sense indicating a defendant’s innocence. This paper is an attempt to understand the tendency of legal professionals to argue against remedying a wrongful conviction in favor of the continued social injustice …
Admissibility Of In-Court Identifications; Unnecessarily Suggestive Out-Of-Court Identifications; Due Process; Manson V. Brathwaite, 2015 The University of Akron
Admissibility Of In-Court Identifications; Unnecessarily Suggestive Out-Of-Court Identifications; Due Process; Manson V. Brathwaite, Frank A. Barbieri Jr.
Akron Law Review
Prior to the Supreme Court's decision in Manson v. Brathwaite, a substantial amount of confusion existed concerning the judicial test which was to be applied to in-court and out-of-court criminal identification procedures. The Court, in the case of Stovall v. Denno, had first set forth a two stage test for determining whether such procedures were violative of due process. While later cases were somewhat unclear, the Stovall test continued to be used. When the Court again confronted the identification procedure question in the case of Neil v. Biggers, a new "totality of the circumstances" test was set forth. …
Fools Rush In Where Lawyers Would Better Tread: The Right To Self-Representation And Related Standards Of Competency, 2015 Touro University Jacob D. Fuchsberg Law Center
Fools Rush In Where Lawyers Would Better Tread: The Right To Self-Representation And Related Standards Of Competency, Julia M. Capie
Touro Law Review
No abstract provided.
Congressional Due Process, 2015 Savannah Law School
Congressional Due Process, Andrew M. Wright
Andrew M Wright
This article identifies significant deficiencies in Congress’s investigative practices. Consequences of congressional scrutiny can be profound, yet the second Congress calls, almost none of the safeguards of the American legal system are present. I argue such practices demonstrate institutional indifference to constitutional due process norms. The article highlights differences between congressional and judicial proceedings with respect to the safeguards of witnesses and targets. The purpose of congressional inquiry fundamentally differs from adjudication, and therefore does not call for the full complement of procedural rights afforded in judicial proceedings. Congress seeks facts and expertise to inform legislative judgments that will have …
Prosecuting Core Crimes In The United States: Recent Changes And Prospects For 2010, 2015 UC Hastings College of the Law
Prosecuting Core Crimes In The United States: Recent Changes And Prospects For 2010, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
In The Beginning There Was None: Supreme Court Review Of State Criminal Prosecutions, 2015 University of Richmond School of Law
In The Beginning There Was None: Supreme Court Review Of State Criminal Prosecutions, Kevin C. Walsh
Notre Dame Law Review
This Article challenges the unquestioned assumption of all contemporary scholars of federal jurisdiction that section 25 of the Judiciary Act of 1789 authorized Supreme Court appellate review of state criminal prosecutions. This Article resurrects Charles Hammond’s arguments and contends that he was right: the best interpretation of section 25 is that it did not encompass Supreme Court appellate review of state criminal prosecutions. Others may reasonably disagree with this Article’s ultimate interpretive conclusion about section 25’s limited reach even while acknowledging the strength of the various supporting arguments. Accordingly, this Article’s basic claim comes in both a strong version and …
Sixth Amendment; Right Of Confrontation; Unavailalbe Witness; State V. Roberts, 2015 The University of Akron
Sixth Amendment; Right Of Confrontation; Unavailalbe Witness; State V. Roberts, Christopher C. Manthey, Carol G. Simonetti
Akron Law Review
"THE SIXTH AMENDMENT to the Constitution states that "[iln all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him .... ." This seems simple and absolute, but case law has proven it to be neither; almost every phrase has been dissected and interpreted by courts and commentators. In fact, there may be more law review articles on this subject than there are cases.1 Some of the questions that could be asked are: What is meant by "all criminal prosecutions?" Does this require confrontation in preliminary hearings? Does "shall enjoy the …
Death Penalty; Cruel And Unusual Punishment; Individualized Sentencing Determination; Lockett V. Ohio; Bell V. Ohio, 2015 The University of Akron
Death Penalty; Cruel And Unusual Punishment; Individualized Sentencing Determination; Lockett V. Ohio; Bell V. Ohio, James C. Ellerhorst
Akron Law Review
“In Bell v. Ohio and Lockett v. Ohio the United States Supreme Court found the sentencing provisions of the Ohio capital punishment statute to be incompatible with the eighth and fourteenth amendments which prohibit cruel and unusual punishment. These two opinions represent the most recent attempt by the Supreme Court to explain what elements must be included in a constitutionally valid capital punishment statute.”
Newsroom: Hassel On Qualified Immunity, 2015 Roger Williams University
Newsroom: Hassel On Qualified Immunity, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Domestic Violence And The Confrontation Clause: The Case For A Prompt Post-Arrest Confrontation Hearing, 2015 University of Denver Sturm College of Law
Domestic Violence And The Confrontation Clause: The Case For A Prompt Post-Arrest Confrontation Hearing, Robert M. Hardaway
Robert Hardaway
Prior to the Supreme Court’s 2004 decision in case of Crawford v. Washington, a prosecutor could pursue a domestic violence case and introduce the prior accusatory testimonial statement of the victim even where the victim refused to appear at trial, declined to testify at trial, retracted a prior statement made to police, or claimed lack of memory as to the events described in her prior statement if: 1) the victim was unavailable, and 2) the statement bore ‘adequate indicia of reliability’ as indicated by falling within a ‘firmly rooted hearsay exception’, or satisfied ‘particularized guarantees of trustworthiness’. Ohio v. Roberts …