Digital Commons Network^™

Citizen Initiatives In Florida: An Analysis Of Florida's Constitutional Initiative Process, Issues, And Alternatives, P. K. Jameson, Martha Hosack

Florida State University Law Review

No abstract provided.

Cruel And Unusual?: Virginia's New Sex Offender Registration Statute, Elizabeth P. Bruns

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.

Federal Standards For Sex Offender Registration: Public Disclosure Confronts The Right To Privacy, Catherine A. Trinkle

William & Mary Law Review

No abstract provided.

A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya

Indiana Law Journal

No abstract provided.

New Developments In Korean Constitutionalism: Changes And Prospects, Dae-Kyu Yoon

Washington International Law Journal

This Essay examines constitutionalism, or the legal expression of democracy. Explanations of Korea's underdeveloped sense of constitutionalism which are rooted in the culture of Confucianism do not provide an adequate explanation of the post-1948 Korean experience. A better model is provided by contrasting the uses of law by prior authoritarian regimes with current political developments including the rising role of entrepreneurial interests in Korean politics.

Chopping Miranda Down To Size, Michael Chertoff

Michigan Law Review

A Review of Confessions, Truth, and the Law by Joseph D. Grano

History's Stories, Stephan Landsman

Michigan Law Review

A Review of Stories of Scottsboro by James Goodman

Second Chances: Bill C-72 And The Charter, Isabel Grant

Osgoode Hall Law Journal

This paper examines the legislative response to the Supreme Court of Canada's decision in R. v. Daviault. The author argues that Bill C-72, which limits the defence of extreme intoxication, is constitutional because of its strong underpinnings in equality. The author reviews the statistics on violence against women and the role of intoxication in that violence to illustrate why the defence of intoxication raises issues of sex equality. The author argues that a court assessing the constitutionality of Bill C-72 should consider this strong foundation in equality and the fact that the Bill is the result of a careful balancing …

Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow

Michigan Law Review

In Part I of this article, we examine the global puzzle of the Self-Incrimination Clause and the local confusion or perversion lurking behind virtually every key word and phrase in the clause as now construed. In Part II we elaborate our reading of the clause and show how it clears up the local problems and solves the overall puzzle.

On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar

Articles

Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.

Search And Seizure And The Utah Constitution: The Irrelevance Of The Antipolygamy Raids, Paul G. Cassell

BYU Law Review

No abstract provided.

Clinic Blockades: What Is The Problem? What Is The Harm? What Is The Solution?, Nona Laplante

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim

UIC Law Review

No abstract provided.

The Supreme Court Limits The Fifth Amendment Right To Counsel By Requiring Clear Requests--Davis V. United States, Gregory J. Griffith

Kentucky Law Journal

No abstract provided.

Reinterrogation, Marcy Strauss

UC Law Constitutional Quarterly

There is no clear delineation under Miranda and Edwards of when the police may reinterrogate a suspect after ordinarily invoking the right to counsel. Logically, the prohibition cannot be indefinite. This would violate the public policy of enabling law enforcement personnel to control crime. The goals of Miranda, Edwards, and related cases establish several factors to be weighed in determining when the prohibition against reinterrogation should end. These include the length of time since the right to counsel was invoked, whether the new crime is related to the one for which the right to counsel was invoked, whether the suspect …

Exposing Human Rights Abuses--A Help Or Hindrance To Reconciliation, Richard Goldstone

UC Law Constitutional Quarterly

Despite the advent of the "new world order," international human rights violations remain a widespread problem. The propensities for such abuses are seen most recently through the widespread violence and genocide encountered in Yugoslavia and Rwanda. In an effort to address such abuses, the United Nations established the International War Crimes Tribunal for the Balkan States and Rwanda. The chief goals of the Tribunal are to collect data and try those accused of war crimes. Justice Richard Goldstone, the Tobriner lecturer, is the Prosecutor of the Tribunal.

In his lecture, Justice Goldstone describes how "truth commissions" have been used to …

Waiver Of The Right To Appeal, Robert K. Calhoun

UC Law Constitutional Quarterly

Current plea bargaining practice increasingly includes a requirement that the defendant waive any right to appeal as a condition of the plea bargain. This relatively new negotiation tactic carries with it the potential for rendering criminal appeals nearly as rare a phenomenon- as criminal trials have become under the old model of plea bargaining. This could move us one step closer to an administrative model of criminal case resolution in which neither factual nor legal issues are resolved by the courts but rather by the parties through a process of negotiation.

This Article argues against this practice, maintaining that it …

When Judges Impose The Death Penalty After The Jury Recommends Life: Harris V. Alabama As The Excision Of The Tympanic Membrane In An Augmentedly Death-Biased Procedure, Amy D. Ronner

UC Law Constitutional Quarterly

This Article examines the disturbing ramifications of sentencing statutes that allow a judge to override a jury's advisory life verdict and impose the death sentence, analyzes the importance of the jury in a criminal proceeding, its special function in the capital sentencing phase, and the ensuing devastation from a judge trumping a jury life verdict with death.

This Article then advances the position that jury override statutes do not spawn mere death bias, but actually an augmented death bias, and stresses the special significance of a jury life verdict issued in spite of that augmented death bias. This Article also …

Contemplating The Successive Prosecution Phenomenon In The Federal System, Elizabeth T. Lear

UF Law Faculty Publications

Constitutional scholars have long debated the relative merits of a conduct-based compulsory joinder rule. The dialogue has centered on the meaning of the “same offence” language of the Double Jeopardy Clause, concentrating specifically on whether it includes the factual circumstances giving rise to criminal liability or applies only to the statutory offenses charged. However, the Supreme Court, in United States v. Dixon, abandoned as “unworkable” a limited conduct-based approach it had fashioned just three years before in Grady v. Corbin.

This Article does not assess the frequency with which federal authorities prosecute joinable offenses separately. While such information ultimately is …

Constitutional Law—Goodbye Grady! Blockburger Wins The Double Jeopardy Rematch. United States V. Dixon, 113 S. Ct. 2849 (1993)., Phillip Green

University of Arkansas at Little Rock Law Review

No abstract provided.

Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven Grossman

Kentucky Law Journal

No abstract provided.

When Juries Meet The Press: Rethinking The Jury's Representative Function In Highly Publicized Cases, Kenneth B. Nunn

UC Law Constitutional Quarterly

The increasing media saturation of society has altered the traditional roles and function of the jury in criminal trials. In several recent highly-publicized trials, most notably the Reginald Denny beating case, the jurors have been asked to publicly defend and explain their verdicts. In the past, jury verdicts were accepted as legitimate if the jury was representative of their community. Now, however, it seems that a jury must also be representative to their communities.

This new representative function of the jury has profound implications for the more traditional functions of the jury. For example, what effect does the new representative …

Killing Me Softly: Is The Gas Chamger, Or Any Other Method Of Execution, Cruel And Unusual Punishment, Peter S. Adolf

UC Law Constitutional Quarterly

Although people have debated the wisdom of the death penalty for centuries, little attention has been paid to the actual killing process. With the pace of executions in the United States increasing dramatically in recent years, courts have begun to grapple with the question of what the government can and cannot do in the process of lawfully killing someone. The decisions have been illogical and contradictory: at the time of this writing, hanging is permissible in Washington State and Montana, while California's gas chamber is unlawful "cruel and unusual punishment." The Supreme Court has never decided what the permissible limits …

Fourth Amendment Protection For Juvenile Probationers In California, Slim Or None: In Re Tyrell J., Lidia Stiglich

UC Law Constitutional Quarterly

The Supreme Court of California recently held in In re Tyrell J. that juvenile probationers are subject to random, suspicionless searches. This Comment analyses in detail the reasoning the court used to distinguish the level of suspicion required for juvenile probationers from that used for the population at large and offers some criticism of that logic. Moreover, Ms. Stiglich explores the rationales for probation and parole in general, and examines legal precedent for searches without probable cause of adult probationers and parolees and the relevance of consent to this analysis. To this end, the author discusses the Bravo, Martinez, and …

Reconstructing The Bill Of Rights: A Reply To Amar And Marcus's Triple Play On Double Jeopardy, Susan Herman

Faculty Scholarship

No abstract provided.

The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil

LLM Theses and Essays

Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …

New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas

Touro Law Review

No abstract provided.

Right To Counsel

Touro Law Review

No abstract provided.

A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi

Publications

No abstract provided.