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

Criminal Procedure Commons

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

6660 Full-Text Articles 4124 Authors 2479357 Downloads 160 Institutions

All Articles in Criminal Procedure

Faceted Search

6660 full-text articles. Page 2 of 153.

United States V. Pho: Defining The Limits Of Discretionary Sentencing, John G. Wheatley 2017 University of Maine School of Law

United States V. Pho: Defining The Limits Of Discretionary Sentencing, John G. Wheatley

Maine Law Review

In the consolidated case of United States v. Pho, the government appealed two district court rulings that imposed criminal sentences outside of the range provided in the Federal Sentencing Guidelines Manual (Guidelines). At separate trials, both defendants pied guilty to the crime of possession with intent to distribute five grams or more of cocaine base (commonly known as crack). Rejecting the Guidelines' disparate treatment of crack and powder cocaine, the district court imposed sentences that were below the Guidelines' range, but above the statutory mandatory minimum. The Court of Appeals for the First Circuit vacated both sentences and remanded the ...


Corporate Deferred Prosecution As Discretionary Injustice, Peter Reilly 2017 Texas A&M University School of Law

Corporate Deferred Prosecution As Discretionary Injustice, Peter Reilly

Utah Law Review

A recent federal appellate court ruling of first impression permits the resolution of allegations of serious corporate criminal wrongdoing by way of an Alternative Dispute Resolution mechanism called Deferred Prosecution, without appropriate judicial review. This Article describes why this ruling is ill-advised, and suggests how other courts might address these same legal issues while arriving at different conclusions. This Article argues that if federal prosecutors are going to continue using Deferred Prosecution Agreements (“DPAs”) in addressing allegations of corporate criminal misconduct, then that discretionary power must be confined and checked through meaningful judicial review. The overriding concern with the appellate ...


Thinking Inside The Box: Placing Form Over Function In The Application Of The Statutory Sentencing Procedure In State Of Maine V. Eugene Downs, Matthew E. Lane 2017 University of Maine School of Law

Thinking Inside The Box: Placing Form Over Function In The Application Of The Statutory Sentencing Procedure In State Of Maine V. Eugene Downs, Matthew E. Lane

Maine Law Review

In State v. Hewey, the Maine Supreme Judicial Court found that the sentencing court erred in imposing a sentence that exceeded the maximum applicable period of incarceration for a Class A crime and accordingly vacated the sentence. Perhaps more importantly, the Law Court used the case as an “opportunity for clarification of [its] review of an appeal from a sentence imposed by the trial court.” A unanimous court sought to clear up some inconsistencies in previous decisions regarding “the terminology used to define each of the three steps” of the sentencing process by better describing the procedure “by which the ...


The Supreme Court's Long And Perhaps Unnecessary Struggle To Find A Standard Of Culpability To Regulate The Federal Exclusionary Remedy For Fourth/Fourteenth Amendment Violations, Melvyn H. Zarr 2017 University of Maine School of Law

The Supreme Court's Long And Perhaps Unnecessary Struggle To Find A Standard Of Culpability To Regulate The Federal Exclusionary Remedy For Fourth/Fourteenth Amendment Violations, Melvyn H. Zarr

Maine Law Review

On January 14, 2009, the United States Supreme Court decided Herring v. United States. In Herring, the defendant moved to suppress evidence that he alleged was seized as a result of an arrest that violated the Fourth and Fourteenth Amendments to the U.S. Constitution. The Supreme Court approved the decision below to deny suppression of the evidence. The decision set off a flurry of speculation that the Fourth Amendment exclusionary rule would not see its 100th birthday in 2014. A headline in the New York Times of January 31 declared: “Supreme Court Edging Closer to Repeal of Evidence Ruling ...


Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello 2017 University of Maine School of Law

Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello

Maine Law Review

In Strickland v. Washington, the United States Supreme Court issued a seminal holding that single-handedly rendered it nearly impossible for a capital defendant to demonstrate that he was the victim of ineffective assistance of counsel at the underlying trial or at sentencing. Indeed, due in substantial part to the fact that "Strickland was not intended to impose rigorous standards on criminal defense attorneys," the Court found ineffective assistance of counsel in only one case over the next sixteen years. Critically, however, during this time, both state and federal courts bore witness to some of the most horrific examples of death ...


State V. Thurston: An Examination Of Assualt, Self-Defense, And Trespass In Relation To Domestic Violence, Megan E. Magoon 2017 University of Maine School of Law

State V. Thurston: An Examination Of Assualt, Self-Defense, And Trespass In Relation To Domestic Violence, Megan E. Magoon

Maine Law Review

Darrell Thurston and Suzanne Harmon were romantically involved on an intermittent basis for five years and had one child together. As a result of an altercation that took place at Harmon’s home in Sullivan, Maine, on September 27, 2007, between Thurston and Harmon, Thurston was charged with assault, criminal mischief, and obstructing report of crime or injury. The testimony during the trial illuminated the major factual differences between Thurston’s and Harmon’s accounts of the night the incident took place. Thurston requested a self defense jury instruction based on his version of what had happened, which the trial ...


Findings Of Fact Vs. Conclusions Of Law: How The Law Court Complicated The Case Of State V. Connor, Christopher S. Boulos 2017 University of Maine School of Law

Findings Of Fact Vs. Conclusions Of Law: How The Law Court Complicated The Case Of State V. Connor, Christopher S. Boulos

Maine Law Review

In State v. Connor, the Maine Supreme Judicial Court, sitting as the Law Court, upheld a trial judge’s denial of a motion to suppress evidence. Although the evidence presented in the suppression hearing seemed adequate to support the denial of the motion, the trial judge failed to clearly state his conclusions of law when denying the motion. However, the Law Court mistook the ambiguous conclusions of law as ambiguous findings of fact. Because the findings of fact were ambiguous in the court’s view, the majority and dissenting opinions spent the bulk of their energies discussing how the court ...


Too Low A Price: Waiver And The Right To Counsel, Zachary L. Heiden 2017 University of Maine School of Law

Too Low A Price: Waiver And The Right To Counsel, Zachary L. Heiden

Maine Law Review

Easy waiver of the right to counsel is at the heart of the problem with inadequate funding for criminal defense counsel for the indigent: without freely granted waiver of the right to counsel, the crisis in funding for indigent defense would, in the short term, be greatly magnified. But, the ready acceptance of the waivability of the right to counsel devalues and diminishes the significance of the assistance of counsel in criminal matters.


The Unfair Operation Principle And The Exclusionary Rule: On The Admissibility Of Illegally Obtained Evidence In Criminal Trials In India, Khagesh Gautam 2017 O.P. Jindal Global University

The Unfair Operation Principle And The Exclusionary Rule: On The Admissibility Of Illegally Obtained Evidence In Criminal Trials In India, Khagesh Gautam

Khagesh Gautam

No abstract provided.


Substance And Procedure In The Reform Of Criminal Sentencing, Franklin E. Zimring 2017 University of California, Berkeley

Substance And Procedure In The Reform Of Criminal Sentencing, Franklin E. Zimring

Franklin E. Zimring

No abstract provided.


Improving The Criminal Justice System's Response To Victimization Of Persons With Disabilities, James C. Backstrom 2017 University of St. Thomas, Minnesota

Improving The Criminal Justice System's Response To Victimization Of Persons With Disabilities, James C. Backstrom

University of St. Thomas Law Journal

No abstract provided.


Williams V. State Dep’T Of Corr., 133 Nev. Adv. Op. 75 (Oct. 5, 2017), Xheni Ristani 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Williams V. State Dep’T Of Corr., 133 Nev. Adv. Op. 75 (Oct. 5, 2017), Xheni Ristani

Nevada Supreme Court Summaries

The Nevada Supreme Court considered whether an offender must serve the minimum term of his or her sentence before any credits earned pursuant to the Credits statute apply to eligibility for parole. The Court disagreed with this argument and held that credits earned can factor-in for parole eligibility if the offender was sentenced under a state that requires a minimum term but does not explicitly mention parole eligibility.


Sweat V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 76 (October 5, 2017), Shannon Zahm 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Sweat V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 76 (October 5, 2017), Shannon Zahm

Nevada Supreme Court Summaries

The Double Jeopardy Clause does not protect a defendant from prosecution of any original charges when the defendant accepts a plea agreement for a lesser-included offense and then fails to comply with all the terms of the agreement. The Court ultimately determined that a defendant waives his double jeopardy rights when he pleads guilty and fails to comply with the remaining terms of the agreement.


Johnson V. State, 133 Nev. Adv. Op. 73 (Oct. 5, 2017) (En Banc), Ebeth Rocio Palafox 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Johnson V. State, 133 Nev. Adv. Op. 73 (Oct. 5, 2017) (En Banc), Ebeth Rocio Palafox

Nevada Supreme Court Summaries

When the Court reverses a death sentence on direct appeal and remands for a new penalty hearing, there is no longer a final judgment that triggers the one-year period set forth in NRS 34.726(1) for filing a post-conviction petition for a writ of habeas corpus.


Post-Trial Judicial Review Of Criminal Convictions: A Comparative Study Of The United States And Finland, Christopher M. Johnson 2017 University of Maine School of Law

Post-Trial Judicial Review Of Criminal Convictions: A Comparative Study Of The United States And Finland, Christopher M. Johnson

Maine Law Review

In 2011, two murder cases involving defendants who professed their innocence came to dramatic conclusions in appellate courts. In Finland in August 2011, the murder prosecution of Anneli Auer ended with her acquittal by an appellate court. In the United States in September 2011, the murder prosecution of Troy Davis ended in his execution in Georgia’s death chamber, despite exculpatory information developed after his trial about the reliability of some eyewitnesses identification evidence. The Finish case arose out if the December 2006 death if Jukka Lahti in Ulvila. His wife, Auer, called the police and claimed that an intruder ...


"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn McLain 2017 University of Maine School of Law

"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn Mclain

Maine Law Review

Young children are frequently precluded from testifying at trial on the grounds of incompetency because they cannot answer questions about abstract concepts regarding “truth” and “lies.” In this situation, should the child’s earlier, out-of-court statements disclosing the abuse and identifying the abuser also be inadmissible? The stakes are huge. If young children cannot testify, and their out-of-court statements are precluded, they simply become safe prey, unprotected by the judicial system. The pivotal question becomes, are there procedures that can ensure fairness both to children and to their alleged abusers? This article argues that a child’s testimonial incapacity at ...


#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, Amber Baylor 2017 Texas A&M University School of Law

#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, Amber Baylor

Amber Baylor

No abstract provided.


Changing Punishments For Property Offenses, To Change The Lives Of Women In Need, Amber Baylor 2017 Texas A&M University School of Law

Changing Punishments For Property Offenses, To Change The Lives Of Women In Need, Amber Baylor

Amber Baylor

No abstract provided.


Left Behind: How The Absence Of A Federal Vacatur Law Disadvantages Survivors Of Human Trafficking, Jessica Emerson, Alison Aminzadeh 2017 University of Baltimore School of Law

Left Behind: How The Absence Of A Federal Vacatur Law Disadvantages Survivors Of Human Trafficking, Jessica Emerson, Alison Aminzadeh

All Faculty Scholarship

After a hamstring injury in October of 2004 forced her to surrender her athletic scholarship at St. John's University, Shamere McKenzie chose to spend her winter break working in order to save the money she needed to pay the remainder of her tuition. In January of 2005, Shamere met a man named Corey Davis, who expressed an interest in dating her. After getting to know him for several weeks, she eventually shared with him the challenges she was having earning the money she needed to continue her enrollment in college. Davis encouraged her to consider exotic dancing as a ...


Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery, 2017 Northwestern University School of Law

Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery

Northwestern Journal of Law & Social Policy

No abstract provided.


Digital Commons powered by bepress