Criminal Procedure Commons^™

Prosecutor-General Of Namibia V Namoloh And Others 2020 (3) Nr 839 (Sc), Dunia P. Zongwe

SAIPAR Case Review

Namoloh is the leading case on the definition of an accused in Namibia. It is true that, so far, there have been quite some confusion on the definition of ‘accused.’ For instance, the Criminal Procedure Act does not describe the accused and actually refer to the person through the sentencing process ‘the accused’ even if the accused has already been ‘convicted’. The Namoloh case therefore stabilizes criminal law in Namibia by clarifying who does and who does not qualify as an ‘accused’.

Nonetheless, the way in which the Supreme Court resolved the question of permanent stays of prosecution contradicts the …

Making A Declaration: The Rise Of Declaratory Judgment Actions And The Insurer As Regulator In The Fight To End Sex Trafficking In The Hotel Industry, Lori N. Ross

Faculty Scholarship

No abstract provided.

A Comparative Examination Of Police Interrogation Of Criminal Suspects In Australia, Canada, England And Wales, New Zealand, And The United States, Carol A. Brook, Bruno Fiannaca, David Harvey, Paul Marcus, Renee Pomerance, Paul Roberts

William & Mary Bill of Rights Journal

The interrogation process is central to the investigation and resolution of criminal matters throughout the world. It is fundamental to a comprehensive understanding of comparative criminal procedure to study and appreciate the different approaches to the interrogation process in different nations. This Article developed through a series of conversations between six international criminal justice professionals— practicing attorneys, scholars, and judges—regarding the interrogation practices and rules in their respective countries. Providing a comparative look at this important area, this Article examines the applicable practices and procedures in the common law nations of Australia, Canada, England and Wales, New Zealand, and the …

Making The Murderer’S Voyeurs: The Influence Of Violent Crime Exposure, Social Movements, And Desensitization On Georgia’S Treatment Of The Death Penalty, Sarah J. Foster

Mercer Law Review

The clock slowly ticks to 8:00 p.m. Popcorn in hand, he plops down in front of the television and quickly flips on “Criminal Minds”. He shoves in a kernel of popcorn as the show sets our scene. The clock slowly ticks to 11:45 p.m. A firm hand escorts a woman dressed in a bright orange jumpsuit into a small, sterile room. Only a large pane of glass separates her from the somber faces of witnesses, friends, and family. They whisper among each other and take their seats in the theater-like arrangement. Coarse straps are tightly pulled around her arms—he pops …

Mental Health, Substance Abuse And Recidivism: Perceptions Of Key Justice System Stakeholders In Southern California, Tabari Zahir

Electronic Theses, Projects, and Dissertations

Despite the 2011 landmark decision of the United States Supreme Court ordering the California authorities to address prison overcrowding, the Golden State still faces significant challenges dealing with the size of its correctional population. Recidivism plays a preponderant role in slowing down the momentum toward overcoming relatively high rates of incarceration across the state. The purpose of this study was to explore the perceptions of key human services stakeholders about the intersection of three major challenges in the California criminal justice system: mental health, substance use, and recidivism. Embracing a continuum of care approach, this study ultimately attempted to explore …

The Protection Of Free Choice And The Right To Passivity: Applying The Privilege Against Self-Incrimination To Physical Examinations And Documents' Submission, Rinat Kitai-Sangero

William & Mary Bill of Rights Journal

This Article addresses the question of whether the privilege against selfincrimination should cover physical examinations as well as the obligation to submit documents. This question requires a serious examination of the justifications underlying the privilege against self-incrimination and is of particular relevance in the current age of technological progress that expands the powers assigned to law enforcement agencies to access knowledge and thoughts stored in individuals’ minds. After addressing the comparative law regarding the applicability of the privilege against selfincrimination to physical examinations and to the obligation to submit documents and discussing key justifications for the privilege against self-incrimination, dividing …

Bargaining Without The Blindfold: Adapting Criminal Discovery Practice To A Plea-Based System, Alex Karambelas

St. John's Law Review

(Excerpt)

In 2015, Terrell Gills was arrested on charges related to a Dunkin’ Donuts robbery in Queens, based on a partial DNA match. His attorney’s investigation yielded news articles about two other Dunkin’ Donuts robberies in the same area, which took place in the same week. In the eighteen months following his arraignment, Mr. Gills was incarcerated at Rikers Island because he was unable to afford his $10,000 bail. During that period, Mr. Gills’s attorney made repeated requests for information related to the other two robberies. It was not until four days before trial that the prosecution disclosed reports from …

Can A Person's "Slate" Ever Really Be "Cleaned"? The Modern-Day Implications Of Pennsylvania's Clean Slate Act, Kimberly E. Capuder

St. John's Law Review

(Exceprt)

In 2006, Khalia was arrested for a “low-level counterfeiting charge.” While Khalia was innocent and never convicted for the charged offense, she still had a criminal record. Because she was concerned that future employers would “view her as a thief,” she never applied to any of her dream jobs. But once Khalia’s arrest record was automatically sealed, she finally had enough confidence to send in a job application to a prestigious consulting firm, and was offered the position. Khalia believes that her newly sealed criminal record “means a future without judgment.” And this future without judgment was made possible …

From The Frontlines Of The Modern Movement To End Forced Arbitration And Restore Jury Rights, F. Paul Bland, Myriam Gilles, Tanuja Gupta

Chicago-Kent Law Review

No abstract provided.

Introduction To Reviving The American Jury, Nancy S. Marder

Chicago-Kent Law Review

No abstract provided.

How To Talk So Juries Will Listen, Janet Randall

Chicago-Kent Law Review

No abstract provided.

Bye, Bye, Bilinguals: The Removal Of English- Spanish Bilinguals From The Criminal Jury And Latino Discrimination, Ashley Rich

Chicago-Kent Law Review

No abstract provided.

Remote Court: Principles For Virtual Proceedings During The Covid-19 Pandemic And Beyond, Alicia L. Bannon, Douglas Keith

Northwestern University Law Review

Across the country, courts at every level have relied on remote technology to adapt the justice system to a once-a-century global pandemic. This Essay describes and assesses this unprecedented journey into virtual justice, paying particular attention to eviction proceedings. While many judges have touted remote court as a revolutionary innovation, the reality is more complex. Remote court has brought substantial time savings and convenience to those who are able to access and use the required technology, but it has also posed hurdles to individuals on the other side of the digital divide, particularly self-represented litigants. The remote court experience has …

Criminal Advisory Juries: A Sensible Compromise For Jury Sentencing Advocates, Kurt A. Holtzman

Northwestern Journal of Law & Social Policy

Supreme Court Justice Neil Gorsuch recently noted that “juries in our constitutional order exercise supervisory authority over the judicial function by limiting the judge’s power to punish.” Yet in the majority of jurisdictions, contemporary judge-only sentencing practices neuter juries of their supervisory authority by divorcing punishment from guilt decisions. Moreover, without a chance to voice public disapproval at sentencing, juries are muted in their ability to express tailored, moral condemnation for distinct criminal acts. Although the modern aversion to jury sentencing is neither historically nor empirically justified, jury sentencing opponents are rightly cautious of abdicating sentencing power to laypeople. Nevertheless, …

Death Penalty Exceptionalism And Administrative Law, Corinna B. Lain

Belmont Law Review

No abstract provided.

Attacks On The Asian Community: When Can Prosecutors Seek Hate Crime Enhancements?, Golden Gate University School Of Law

GGU Law Review Blog

At the start of 2021, images of violent attacks on Asian individuals all across the nation began flooding social media timelines. Large protests shortly followed these attacks in support of the Asian Community to “Stop Asian Hate.” Since then, reports and images of such attacks have only become more and more common, with the Atlanta Spa Shootings at the forefront of the conversation. As a result, much of the public and the media have been referring to these attacks as “hate crimes.” Yet, prosecutors are not seeking hate-crime enhancements in many of these cases. Several high-profile cases demonstrate the evidentiary …

Police Perceptions, Knowledge, And Performance: Traffic Stops And The Use Of K-9 Units, Christopher D. Totten, Gang Lee, Daniel Ozment

Catholic University Law Review

This empirical (survey) study of law enforcement officers aims to shed light on police conduct and knowledge concerning traffic stops, vehicle searches and the use of canine (K-9) units. This context is particularly relevant in light of a recent United States Supreme Court case in this area, Rodriguez v. United States, which held that when the mission of a routine traffic stop has been or reasonably should have been completed (i.e., the officer has issued a traffic ticket or a warning after having checked license, registration, insurance, and/ or warrants), the officer may not in general detain the vehicle …

Objective Punishment, Anthony M. Dillof

University of Cincinnati Law Review

No abstract provided.

Confrontation's Multi-Analyst Problem, Paul F. Rothstein, Ronald J. Coleman

Georgetown Law Faculty Publications and Other Works

The Confrontation Clause in the Sixth Amendment affords the “accused” in “criminal prosecutions” the right “to be confronted with the witnesses against” them. A particular challenge for courts over at least the last decade-plus has been the degree to which the Confrontation Clause applies to forensic reports, such as those presenting the results of a DNA, toxicology, or other CSI-type analysis. Should use of forensic reports entitle criminal defendants to confront purportedly “objective” analysts from the lab producing the report? If so, which analyst or analysts? For forensic processes that require multiple analysts, should the prosecution be required to produce …

U.S. Prisons And System Reform, Darian Reimels

English Department: Research for Change - Wicked Problems in Our World

Prison systems, specifically in the U.S., are a wicked problem. For years prisoners have been treated inhumanely inside and outside of prison, with everyone looking at them with a judgmental eye. This essay aims to point out and bring light to these issues within the prison system. Specifically, it focuses on how inmates are treated during and after serving their sentence, and solitary confinement. To better understand and explain the problems to you, extensive research was done. Articles were read, organizations were researched, and a documentary was watched to gather the information needed to write this essay. The results showed …