Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, 2012 Pepperdine University
Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, Celia Rumann
Pepperdine Law Review
No abstract provided.
Alabama V. Shelton: One Small Step For Man, One Very Small Step For The Sixth Amendment's Right To Counsel, 2012 Pepperdine University
Alabama V. Shelton: One Small Step For Man, One Very Small Step For The Sixth Amendment's Right To Counsel, Joshua S. Stambaugh
Pepperdine Law Review
No abstract provided.
Ring V. Arizona: The Sixth And Eighth Amendments Collide: Out Of The Wreckage Emerges A Constitutional Safeguard For Capital Defendants, 2012 Pepperdine University
Ring V. Arizona: The Sixth And Eighth Amendments Collide: Out Of The Wreckage Emerges A Constitutional Safeguard For Capital Defendants, Jason E. Barsanti
Pepperdine Law Review
No abstract provided.
Summary Of Rodriguez V. Nevada, 128 Nev. Adv. Op. 14, 2012 Nevada Law Journal
Summary Of Rodriguez V. Nevada, 128 Nev. Adv. Op. 14, Rami Hernandez
Nevada Supreme Court Summaries
An appeal from a district court criminal conviction, pursuant to a jury verdict, on evidentiary grounds.
Two Books, Ten Days, 2012 University of Arkansas at Little Rock William H. Bowen School of Law
Two Books, Ten Days, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
The Slow Wheels Of Furman's Machinery Of Death, 2012 University of Arkansas at Little Rock William H. Bowen School of Law
The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton
The Journal of Appellate Practice and Process
No abstract provided.
A Sober Second Thought, 2012 University of Arkansas at Little Rock William H. Bowen School of Law
A Sober Second Thought, Andrew H. Schapiro
The Journal of Appellate Practice and Process
No abstract provided.
Brady, Trust, And Error, 2012 Florida State University College of Law
Brady, Trust, And Error, Samuel R. Wiseman
Scholarly Publications
No abstract provided.
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, 2012 Brooklyn Law School
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, Anna Roberts
Faculty Scholarship
No abstract provided.
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, 2012 Northwestern Pritzker School of Law
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
Northwestern Journal of Law & Social Policy
Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …
Is Emerging Adulthood Influencing Moffitt’S Developmental Taxonomy? Adding The “Prolonged” Adolescent Offender, 2012 Montclair State University
Is Emerging Adulthood Influencing Moffitt’S Developmental Taxonomy? Adding The “Prolonged” Adolescent Offender, Christopher Salvatore, Travis A. Taniguchi, Wayne Welsh
Department of Justice Studies Faculty Scholarship and Creative Works
The study of offender trajectories has been a prolific area of criminological research. However, few studies have incorporated the influence of emerging adulthood, a recently identified stage of the life course, on offending trajectories. The present study addressed this shortcoming by introducing the "prolonged adolescent" offender, a low-level offender between the ages of 18 and 25 that has failed to successfully transition into adult social roles. A theoretical background based on prior research in life-course criminology and emerging adulthood is presented. Using data from the National Longitudinal Study of Adolescent Health analyses examined the relationship between indicators of traditional turning …
You Have The Right To Remain Thirteen: Considering Age In Juvenile Interrogations In J.D.B. V. North Carolina, 2012 University at Buffalo School of Law (Student)
You Have The Right To Remain Thirteen: Considering Age In Juvenile Interrogations In J.D.B. V. North Carolina, Nicole J. Ettlinger
Buffalo Law Review
No abstract provided.
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, 2012 University of Baltimore School of Law
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
All Faculty Scholarship
The purposes of the competency doctrine are to guarantee reliability in criminal prosecutions, to ensure that only those defendants who can appreciate punishment are subject to it, and to maintain moral dignity, both actual and apparent, in criminal proceedings. No matter his crime, the “madman” should not be forced to stand trial. Historically, courts viewed questions of competency as a binary choice, finding the defendant either competent or incompetent to stand trial. However, in Edwards v. Indiana, the Supreme Court conceded that it views competency on a spectrum and offered a new category of competency — borderline-competent. The Court held …
Panel On Prosecutorial Immunity: Deconstructing Connick V. Thompson, 2012 William & Mary Law School
Panel On Prosecutorial Immunity: Deconstructing Connick V. Thompson, Dane Ciolino, Gary Clements, Bennett L. Gershman, Adam M. Gershowitz, Kathleen Ridolfi, Samuel R. Wiseman, Stephen Singer
Faculty Publications
In November 2011, the Journal hosted a symposium on prosecutorial immunity at Loyola University New Orleans College of Law. The symposium included an in-depth analysis of Connick v. Thompson. As part of the symposium, the Journal organized a Panel, the transcript of which follows. This transcript consists of the speakers' remarks along with audience participation and questions. The Journal has attempted to preserve the character and substance of the discussion. While this is not a traditional article, the Journal felt that it would be fitting to include it in its spring volume.
A Behavioral Approach To Modus Operandi: Incident Form Completion And Its Effect On Predictive Analysis, 2012 Western Michigan University
A Behavioral Approach To Modus Operandi: Incident Form Completion And Its Effect On Predictive Analysis, Sarah Elizabeth Casella
Dissertations
This study examined the effects of task clarification, group feedback, and policy change on incident form completion by police officers. Participants included all sworn officers employed in the Operations Division by the Kalamazoo Department of Public Safety. The task consisted of completing the modus operandi (MO) section of the incident reports for burglary, robbery and aggravated assault. The main dependent variable was the percentage of incident reports with MO form completion. The secondary dependent variable was quality of the MOs completed in the reports; more specifically the completeness of the MO section compared to the narrative and discrepancies between the …
The Model Penal Code’S Wrong Turn: Renunciation As A Defense To Criminal Conspiracy, 2012 Boston College Law School
The Model Penal Code’S Wrong Turn: Renunciation As A Defense To Criminal Conspiracy, R. Michael Cassidy
R. Michael Cassidy
While the Model Penal Code was certainly one the most influential developments in criminal law in the past century, the American Law Institute (ALI) took a seriously wrong turn by recognizing a defense of “renunciation” to the crime of conspiracy. Under the Model Penal Code formulation, a member of a conspiracy who later disavows the agreement and thwarts its objective (for example, by notifying authorities of the planned crime in order to prevent its completion) is afforded a complete defense to conspiracy liability. This defense has enormous implications for crimes involving national security and terrorism, which are typically planned covertly …
Summary Of Maestas V. State, 128 Nev. Adv. Op. No. 12, 2012 Nevada Law Journal
Summary Of Maestas V. State, 128 Nev. Adv. Op. No. 12, Richard A. Andrews
Nevada Supreme Court Summaries
The Court considered consolidated appeals from a first-degree murder conviction and an order denying a motion for new trial in a death penalty case.
Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, 2012 St. Augustine University of Tanzania
Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
This paper examines the discretionary powers of the High Court of Tanzania to review decisions and actions of other public bodies as a means to uphold the spirit of the Constitution on checks and balances between the three organs of the state. The writer examines the procedures for judicial review, the legal and procedural requirements and the remedies available under the laws of Tanzania, however, the writer further examines experiences from other countries particularly from case laws.
Accomplice Confessions And The Confrontation Clause: Crawford V. Washington Confronts Past Issues With A New Rule, 2012 Pepperdine University
Accomplice Confessions And The Confrontation Clause: Crawford V. Washington Confronts Past Issues With A New Rule, Kjirstin Graham
Pepperdine Law Review
No abstract provided.
Georgia's New Evidence Code - An Overview, 2012 Georgia State University College of Law
Georgia's New Evidence Code - An Overview, Paul S. Milich
Georgia State University Law Review
On May 3, 2011, Governor Nathan Deal signed into law House Bill 24 (HB 24) bringing a new set of evidence rules to the State of Georgia.
The new rules went into effect on January 1, 2013. The author of this article was the Reporter for the State Bar Evidence Study Committee when new rules were first proposed back in the mid-1980s, and again throughout the recent, successful effort to reform the rules.
Part I of this article will give a brief history of the twenty-six-year effort to bring new evidence rules to Georgia. Part II will provide a structural …