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7,181 full-text articles. Page 153 of 165.

The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke 2011 University at Buffalo School of Law

The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke

Journal Articles

Criminal procedure has undergone several well-documented shifts in its doctrinal foundations since the Supreme Court first began to apply the Constitution’s criminal procedure protections to the States. This Article examines the ways in which the political economy of criminal litigation – specifically, the material conditions that determine which litigants are able to raise criminal procedure claims, and which of those litigants’ cases are appealed to the United States Supreme Court – has influenced these shifts. It offers a theoretical framework for understanding how the political economy of criminal litigation shapes constitutional doctrine, according to which an increase in the number of ...


Who Must Testify To The Results Of A Forensic Laboratory Test? Bullcoming V. New Mexico, Richard D. Friedman 2011 University of Michigan Law School

Who Must Testify To The Results Of A Forensic Laboratory Test? Bullcoming V. New Mexico, Richard D. Friedman

Articles

Does the Confrontation Clause permit the prosecution to introduce a forensic laboratory report through the in-court testimony of a supervisor or other person who did not perform or observe the reported test?


Masthead, Editors 2011 University of Pennsylvania Law School

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin 2011 Elisabeth Haub School of Law at Pace University

Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin

Pace Law Faculty Publications

In this article, the author proposes that the prosecution’s obligation to disclose exculpatory information to the defense be formalized by statute, court rule, or internal protocol in ways that would reflect the current state of our knowledge of and experience with both Brady and wrongful convictions. This would improve on the current ineffective constitutional protection—and any existing statutory or rule-based regimes—in several ways. First, such a formalized regime would require disclosure of all materials that are reasonably helpful to the defense. Second, unlike the constitutional doctrine, which provides no reliable mechanism for monitoring police disclosure to the ...


Throwing Away The Key: Has The Adam Walsh Act Lowered The Threshold For Sexually Violent Predator Commitments Too Far?, Tamara Rice Lave 2011 University of Miami School of Law

Throwing Away The Key: Has The Adam Walsh Act Lowered The Threshold For Sexually Violent Predator Commitments Too Far?, Tamara Rice Lave

Articles

No abstract provided.


Controlling Sexually Violent Predators: Continued Incarceration At What Cost?, Tamara Rice Lave 2011 University of Miami School of Law

Controlling Sexually Violent Predators: Continued Incarceration At What Cost?, Tamara Rice Lave

Articles

Sexually violent predator (SVP) laws are inherently suspicious because they continue to incarcerate people not because of what they have done, but because of what they might do. I focus on three major criticisms of the laws. First, I use recent recidivism data to challenge the core motivation for the SVP laws-that sex offenders are monsters who cannot control themselves. Second, I situate the laws theoretically as examples of what Feeley and Simon call the "new penology." I argue that the SVP laws show the limited promise of the new penology—that we can use science to predict risk accurately--because ...


Sentencing Circles, Clashing Worldviews, And The Case Of Christopher Pauchay, Toby S. Goldbach 2011 Allard School of Law at the University of British Columbia

Sentencing Circles, Clashing Worldviews, And The Case Of Christopher Pauchay, Toby S. Goldbach

Faculty Publications

The case of Christopher Pauchay demonstrates some of the differences between predominant Euro-Canadian and First Nations approaches to dispute resolution. The principles of sentencing circles sometimes overlap with the principles of restorative justice and suggest their potential incorporation into the criminal justice system. The use of alternative processes that share some common values is not enough to overcome to chasm between Euro-Western and Aboriginal justice. Where underlying worldviews diff er, those who can choose between competing values amidst limited possibilities will likely choose the values that refl ect the conventional system. A comparison of Euro-Western and Aboriginal approaches to crime ...


W(H)Ither The Jury? The Diminishing Role Of The Jury Trial In Our Legal System, Jennifer Walker Elrod 2011 Washington and Lee University School of Law

W(H)Ither The Jury? The Diminishing Role Of The Jury Trial In Our Legal System, Jennifer Walker Elrod

Washington and Lee Law Review

No abstract provided.


Gene-Environment Interactions, Criminal Responsibility, And Sentencing, Stephen J. Morse 2011 University of Pennsylvania

Gene-Environment Interactions, Criminal Responsibility, And Sentencing, Stephen J. Morse

Faculty Scholarship at Penn Law

This chapter in, Gene-Environment Interactions in Developmental Psychopathology (K. Dodge & M. Rutter, eds. 2011), considers the relevance of GxE to criminal responsibility and sentencing. It begins with a number of preliminary assumptions that will inform the analysis. It then turns to the law’s view of the person, including the law’s implicit psychology, and the criteria for criminal responsibility. A few false starts or distractions about responsibility are disposed of briefly. With this necessary background in place, the chapter then turns specifically to the relation between GxE and criminal responsibility. It suggests that GxE causes of criminal behavior have ...


The Rise And Fall Of The Miranda Warnings In Popular Culture, Ronald Steiner, Rebecca Bauer, Rohit Talwar 2011 Cleveland State University

The Rise And Fall Of The Miranda Warnings In Popular Culture, Ronald Steiner, Rebecca Bauer, Rohit Talwar

Cleveland State Law Review

While Dickerson's rationale is certainly correct in presuming that those over thirty have already learned about the Miranda warning from decades of television, younger generations only have today's Miranda-less programming on which to form their assumptions about law enforcement. Miranda can still be found on television, but its presence has severely diminished over the years. If this trend continues, how will America's current youth internalize the Miranda warning in the way older generations have? Near-universal awareness of Miranda is an artifact of a shared popular culture in which the repetition of the warnings was pervasive and inescapable ...


Convicted By A Sleeping Jury: Harmless Error Or A Challenge To The Integrity Of Our Criminal Justice System, 44 J. Marshall L. Rev. 751 (2011), Rhandi Childress 2011 John Marshall Law School

Convicted By A Sleeping Jury: Harmless Error Or A Challenge To The Integrity Of Our Criminal Justice System, 44 J. Marshall L. Rev. 751 (2011), Rhandi Childress

The John Marshall Law Review

No abstract provided.


The Zealous Prosecutor As Minister Of Justice, Bennett L. Gershman 2011 Elisabeth Haub School of Law at Pace University

The Zealous Prosecutor As Minister Of Justice, Bennett L. Gershman

Pace Law Faculty Publications

As my contribution to this Memorial tribute to Professor Fred Zacharias, I have chosen to write about Fred's 1991 article in theVanderbilt Law Review entitled Structuring the Ethics of Prosecutorial Trial Practice: Can Prosecutors Do Justice? I have always seen this article as a classic, one of the finest and most important discussions of the special role of the prosecutor in the criminal justice system and of the meaning of the prosecutor's ethical duty to “do justice.” This article is cited repeatedly for numerous points: the conception of the prosecutor's duty not to win a case ...


When An Offense Is Not An Offense: Rethinking The Supreme Court’S Reasonable Doubt Jurisprudence, Luis E. Chiesa 2011 Pace Law School

When An Offense Is Not An Offense: Rethinking The Supreme Court’S Reasonable Doubt Jurisprudence, Luis E. Chiesa

Pace Law Faculty Publications

No abstract provided.


Prosecutorial Decisionmaking And Discretion In The Charging Function, Bennett L. Gershman 2011 Elisabeth Haub School of Law at Pace University

Prosecutorial Decisionmaking And Discretion In The Charging Function, Bennett L. Gershman

Pace Law Faculty Publications

A prosecutor's charging decision is the heart of the prosecution function. The charging decision involves an extraordinary exercise of discretionary power that is unreviewable. As a result, the decision is difficult to guide except in the broadest terms. The proposed revisions to the ABA's Criminal Justice Standards for the Prosecution Function attempt to address several key issues that inform the charging decision, by broadening the language of several provisions of the current Standards as well as adding several new provisions. To be sure, the proposed Standards significantly change the current Standards with respect to the proper factors and ...


Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas 2011 University of Pennsylvania

Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


Hanging On By A Thread: The Exclusionary Rule (Or What's Left Of It) Lives For Another Day, David A. Moran 2011 University of Michigan Law School

Hanging On By A Thread: The Exclusionary Rule (Or What's Left Of It) Lives For Another Day, David A. Moran

Articles

Back when there was a Soviet Union, foreign intelligence officers would anxiously await the May Day parade in Moscow to see who would be standing next to the chairman of the Communist Party and who would be missing from the reviewing platform altogether. Since the Soviet government and the statecontrolled press published very little about what was really going on in the halls of state power, this was considered the most reliable way to determine who was in or out of favor and, by extension, how the domestic and foreign policies of the world's second most powerful country were ...


Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence, Samuel R. Gross 2011 University of Michigan Law School

Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence, Samuel R. Gross

Articles

The fundamental problem with false convictions is that they are unobserved, and in general, unobservable. We don't spot them when they happen-if we did, they wouldn't happen-and in most cases we can't identify them after the fact. We have no general reliable test for innocence or guilt; if we did, we'd use it at trial. As result, we often say that we don't know for sure whether a convicted criminal defendant is innocent or guilty, or even that we can't know for sure. But this isn't exactly true-or rather, its truth depends on ...


The Illusory Right To Counsel, Eve Brensike Primus 2011 University of Michigan Law School

The Illusory Right To Counsel, Eve Brensike Primus

Articles

Imagine a woman wrongly accused of murdering her fianc6. She is arrested and charged with first-degree murder. If convicted, she faces a mandatory sentence of life without the possibility of parole. Her family scrapes together enough money to hire two attorneys to represent her at trial. There is no physical evidence connecting her to the murder, but the prosecution builds its case on circumstantial inferences. Her trial attorneys admit that they were so cocky and confident that she would be acquitted that they did not bother to investigate her case or file a single pre-trial motion. Rather, they waived the ...


Disentangling Administrative Searches, Eve Brensike Primus 2011 University of Michigan Law School

Disentangling Administrative Searches, Eve Brensike Primus

Articles

Everyone who has been screened at an international border, scanned by an airport metal detector, or drug tested for public employment has been subjected to an administrative search. Since September 11th, the government has increasingly invoked the administrative search exception to justify more checkpoints, unprecedented subway searches, and extensive wiretaps. As science and technology advance, the frequency and scope of administrative searches will only expand. Formulating the boundaries and requirements of administrative search doctrine is therefore a matter of great importance. Yet the rules governing administrative searches are notoriously unclear. This Article seeks to refocus attention on administrative searches and ...


Juvenile Life Without Parole: Unconstitutional In Michigan?, Kimberly A. Thomas 2011 University of Michigan Law School

Juvenile Life Without Parole: Unconstitutional In Michigan?, Kimberly A. Thomas

Articles

Last term, in Graham v Florida,1 the United States Supreme Court found unconstitutional the sentence of life without parole for a juvenile who committed a non-homicide offense. This attention to the sentencing of juvenile offenders is a continuation of the Court's decision in Roper v Simmons,2 in which the Court held that juvenile offenders could not constitutionally receive the death penalty. This scrutiny should be a signal to Michigan to examine its own jurisprudence on juveniles receiving sentences of life without parole. Michigan has the second-highest number of persons serving sentences of life without parole for offenses ...


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