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Pretrial Publicity In Criminal Cases Of National Notoriety: Constructing A Remedy For The Remediless Wrong , Robert Hardaway, Douglas B. Tumminello

American University Law Review

No abstract provided.

The Anatomy Of An Appeal, Oregon Law Institute, Jeffrey M. Batchelor, Stephen S. Trott, Paul J. De Muniz, W. Michael Gillette, Susan M. Leeson, Rick T. Haselton, Paula A. Barran, James E. Mountain

Oregon Law Institute, 1996

Course Materials from the September 13, 1996 Program in Portland

The Fate Of “Megan’S Law” In New York, Alison Virag Greissman

Cardozo Law Review

Sexual crimes disgust, anger, and frighten Americans in a way that no other human act does. The transgressions of sex offenders leave victims with lifelong scars and violate society's most fundamental notions of right and wrong. Indeed, husbands beating their wives with frying pans, boyfriends punching their girlfriends with their fists, and men striking women with kitchen chairs and baseball bats in every city of our country are atrocities. Although barbaric, these examples of violent and often fatal attacks are not of the same nature as an assault in which a man desecrates a woman by invading the most intimate …

The Limits Of Legal Language: Decisionmaking In Capital Cases, Jordan M. Steiker

Michigan Law Review

To make the case for the proposed changes, I will first describe briefly in Parts I and II the structure of pre- and post-Furman capital decisiorurtaking and the weaknesses of those approaches. I then will set forth in Part III the specific rationales for each proposed reform.

The scheme I propose raises a significant constitutional question. Can the death penalty be retained as a punishment if we abandon the pretense of providing meaningful guidance through detailed sentencing instructions? Would the reestablishment of relatively unstructured penalty phase deliberations similar to, but also importantly different from, those characteristic of pre-Furman …

A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert W. Alschuler

Michigan Law Review

Supreme Court decisions have vacillated between two incompatible readings of the Fifth Amendment guarantee that no person "shall be compelled in any criminal case to be a witness against himself." The Court sometimes sees this language as affording defendants and suspects a right to remain silent. This interpretation - a view that countless repetitions of the Miranda warnings have impressed upon the public - asserts that government officials have no legitimate claim to testimonial evidence tending to incriminate the person who possesses it. Although officials need not encourage a suspect to remain silent, they must remain at least neutral toward …

Tinkering With The Machinery Of Death: An Examination And Analysis Of State Indigent Defense Systems And Their Application To Death-Eligible Defendants, Michael D. Moore

William & Mary Law Review

No abstract provided.

Constitutional Criminal Procedure, James P. Fleissner

Mercer Law Review

This Article surveys significant 1995 decisions of the United States Court of Appeals for the Eleventh Circuit in the field commonly referred to as "Constitutional Criminal Procedure." The primary focus of this branch of criminal procedure is on the interpretation of the Fourth, Fifth, and Sixth Amendments to the Constitution. In selecting notable cases from 1995, the author looked for important interpretations of legal tests, rulings in cases of first impression, and opinions on close or controversial questions. I have endeavored to provide criminal practitioners with a useful "briefing" on recent significant developments in the Eleventh Circuit. Furthermore, I hope …

The Federalization Of State Crimes: Some Observations And Reflections, Sam J. Ervin Iii

West Virginia Law Review

No abstract provided.

Lopez And The Federalization Of Criminal Law, Russell L. Weaver

West Virginia Law Review

No abstract provided.

Constitutional Law—Supreme Court Invalidates Federal Gun-Free School Zones Act. United States V. Lopez, 115 S. Ct. 1624 (1995)., John M. Scott

University of Arkansas at Little Rock Law Review

No abstract provided.

Federalism And The Judicial Function: A Cutting Edge Amidst Professions Of Restraint, Donald E. Lively

West Virginia Law Review

No abstract provided.

Federalism, Federalization, And The Politics Of Crime, Gerald G. Ashdown

West Virginia Law Review

No abstract provided.

The Suspension Clause In The Ratification Debates, Eric M. Freedman

Buffalo Law Review

No abstract provided.

Treading On Sacred Ground: Congress's Power To Subject White House Advisers To Senate Confirmation, Douglas S. Onley

William & Mary Law Review

No abstract provided.

Introduction: Macro And Micro Evaluation Of The Federalization Of Crime, Gerald G. Ashdown

West Virginia Law Review

No abstract provided.

The Meaning Of The "Unnecessary Rigor" Provision In The Utah Constitution, James G. Mclaren

Brigham Young University Journal of Public Law

No abstract provided.

One Bite At The Apple: Reversals Of Convictions Tainted By Prosecutorial Misconduct And The Ban On Double Jeopardy, Rick A. Bierschbach

Michigan Law Review

This Note argues that the Double Jeopardy Clause bars retrial after reversals of convictions tainted by prosecutorial misconduct in the submission of evidence when two conditions are met: (1) the prosecutor intentionally introduced tainted evidence, and (2) excluding the tainted evidence would have left insufficient evidence at trial to support the defendant's conviction. This Note contends that this limited extension of double jeopardy protection is both mandated by the policies underlying the Double Jeopardy Clause and consistent with existing double jeopardy jurisprudence.

Consistently Inconsistent: The Supreme Court And The Confusion Surrounding Proportionality In Non-Capital Sentencing, Steven P. Grossman

All Faculty Scholarship

(Adapted by permission from 84 Ky. L. J. 107 (1995)) This article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessiveness regarding prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportional to the crime punished. In analyzing all of the modern holdings of the Court in this area, one finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is …

Pretrial Publicity In Criminal Cases Of National Notoriety: Constructing A Remedy For The Remediless Wrong, Robert M. Hardaway, Douglas B. Tumminello

Sturm College of Law: Faculty Scholarship

Part I of this Article examines the history of pretrial publicity in American courts and explores the values that the Sixth Amendment seeks to protect. Part II criticizes the Supreme Court's current approach to the pretrial publicity problem. Part III analyzes case studies of nationally notorious trials. Part IV explores remedial measures reasonably calculated to nullify the effects of prejudicial publicity and cases in which a trial judge's omission of those measures constitutes reversible error. Finally, this Article concludes by setting forth a proposed standard that should be applied in order to ensure the defendant's right to a fair trial …

Changing State Constitutions: Dual Constitutionalism And The Amending Process, Peter J. Galie, Christopher Bopst

Hofstra Law & Policy Symposium

No abstract provided.

California's Proposition 187 - Does It Mean What It Says - Does It Say What It Means - A Textual And Constitutional Analysis, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

No abstract provided.

When The Constable Blunders: A Comparison Of The Law Of Police Interrogation In Canada And The United States, Robert Harvie, Hamar Foster

Seattle University Law Review

This Article explores the Supreme Court of Canada's use of the Charter of Rights and Freedoms in limiting police interrogations and compares its case decisions with cases from the Supreme Court of the United States. Part II of this Article examines the purposes and policies underlying sections 10(b), 7, and 24(2) of the Charter. Part III then examines the application of sections 10(b) and 7 in situations where (1) suspects are interrogated by uniformed police officers or other persons known to be in authority, and (2) suspects are interrogated surreptitiously by persons not known to be in authority. In both …

The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi

Seattle University Law Review

Article I, section 20 of the Washington Constitution states that "[a]ll persons charged with crimes shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great." Despite seemingly unequivocal language that this constitutional provision is applicable to "all persons," the Washington Supreme Court, in Estes v. Hopp, declared that juveniles do not have a constitutional right to bail. The Estes court engaged in little constitutional analysis, but instead, reasoned that juvenile proceedings are civil in nature and that article 1, section 20 applies only in criminal proceedings. Central to the Estes …

Reproductive Freedom: Abortion Rights Of Incarcerated And Non-Incarcerated Women, Sarah Tankersley

Kentucky Law Journal

No abstract provided.

Constitutional Law - United States V. Goldberg: The Third Circuit's Nontraditional Approach To Waiver Of The Sixth Amendment Right To Counsel, Jennifer Elizabeth Parker

Villanova Law Review (1956 - )

No abstract provided.

New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm

Maryland Law Review

No abstract provided.

Good Kids, Bad Kids: A Revelation About The Due Process Rights Of Children, Cecelia M. Espenoza

UC Law Constitutional Quarterly

In the case of Reno v. Flores, the United States Supreme Court held that the indefinite detention of unaccompanied, immigrant children without a mandatory hearing before an immigration judge did not violate the children's substantive or procedural due process rights. To fully examine the procedural and substantive due process rights of these children, the Article engages in an analysis of children's due process rights in general, and then places the Reno v. Flores decision in context.

Understanding Affirmative Action, David Benjamin Oppenheimer

UC Law Constitutional Quarterly

This Article describes the law and practice of affirmative action under the United States Supreme Court's new restrictive rules, and presents the details of over one hundred studies demonstrating the prevalence of discrimination against women and minorities in the areas of education, employment, housing, health care, economic growth, wealth and poverty, and in the operation of the criminal justice system. Following a discussion of the law and practice of affirmative action and the psychology of discrimination, this Article presents results of studies demonstrating that public education throughout America is largely segregated, with minority children attending vastly inferior schools. It reports …

United States Supreme Court: 1995 & 1996 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Evolution Of Race In The Law: The Supreme Court Moves From Approving Internment Of Japanese Americans To Disapproving Affirmative Ation For African Americans, Reggie Oh, Frank Wu

Michigan Journal of Race and Law

As the Court suggests, the Korematsu precedent is crucial to the Adarand decision. In Adarand, the Court analyzes Korematsu in depth, acknowledging that its own judgment had been mistaken in the internment cases, instead of simply citing the decisions as it formally had done until the very recent past. The Court nevertheless fails to appreciate the differences between Korematsu and Adarand, and in particular the consequences of using "strict scrutiny" for all racial classifications. This essay explores the complex relation-ship between Korematsu and Adarand, and offers a critique of the reasoning used in both cases. The essay …