Digital Commons Network^™

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

Publications

No abstract provided.

"Face"-Ing Rico: A Remedy For Antiabortion Violence?, Susan L. Ronn

Seattle University Law Review

In Section I, this Comment examines the nature of the violence erupting out of protest activity at abortion clinics. Section II outlines the treatment of different types of federal lawsuits brought by clinics and pro-choice groups against both antiabortion groups and the leaders that spearhead the violent protest campaigns. Section III explores the use of RICO against such groups and individuals, and the imposition of an economic motivation requirement. Section IV discusses both the Seventh Circuit's and the Supreme Court's decisions in NOW v. Scheidler. Section V addresses the concerns surrounding the application of RICO to political protest activities. Section …

Visions Of Habeas, David Mccord

BYU Law Review

No abstract provided.

Losing The Right To Confront: Defining Waiver To Better Address A Defendant's Actions And Their Effects On A Witness, David J. Tess

University of Michigan Journal of Law Reform

Part I of this Note examines the current legal landscape regarding a defendant's waiver of the right to confrontation. This Part explores the justifications courts have provided for finding a waiver of the confrontation right, both through the use of the traditional "intentional relinquishment of a known right" standard and the less precise formulations of waiver found in cases of defendant misconduct. Part II offers a critique of the reasoning courts employ to find waiver of the right to confrontation. In the process, the analysis explores general theories of waiver which have been advanced by other commentators. In so doing, …

Who Is Advising Our Children?: Custodial Interrogation Of Juveniles In Florida, Elizabeth J. Maykut

Florida State University Law Review

No abstract provided.

State Courts Reject "Leon" On State Constitutional Grounds: A Defense Of Reactive Rulings, Leigh A. Morrissey

Vanderbilt Law Review

In 1984, the United States Supreme Court announced a broad exception to the federal exclusionary rule' in United States v. Leon. The Court held the exclusionary rule inapplicable when police officers obtain evidence in reasonable, good faith reliance on a warrant later found to be defective. Commentators had advised against the creation of the so-called good faith exception before Leon. After Leon, they promulgated a torrent of commentary criticizing both the Leon Court's reasoning and its result. Today, because Leon does not control state constitutional decisions, the battle over the good faith exception is fought on the state level. Currently, …

Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen

Michigan Law Review

The purpose of this essay is to cast doubt on two basic elements of the received historical wisdom concerning the privilege as it applies to British North America and the early United States. First, early American criminal procedure reflected less tenderness toward the silence of the criminal accused than the received wisdom has claimed. The system could more reasonably be said to have depended on self-incrimination than to have eschewed it, and this dependence increased rather than decreased during the provincial period for reasons intimately connected with the economic and social context of the criminal trial in colonial America.

Second, …

Whither The Press: The Fourth Estate And The Journalism Of Blame, Gerald G. Ashdown

William & Mary Bill of Rights Journal

No abstract provided.

The Potter Collection Bibliography, Joseph H. Parys

Library Archive

This annotated bibliography is designed as a guide to a compilation of speeches, reports, statutes and other documents relating to the Rhode Island Constitution of 1843 known as "The Potter Collection." The seven volume set consists of documents collected by Elisha R. Potter from 1786 to 1861 involving the constitutional development of Rhode Island during this time period.

When Terry Met Miranda: Two Constitutional Doctrines Collide, Mark A. Godsey

Faculty Articles and Other Publications

No abstract provided.

Double Jeopardy All Over Again: Dual Sovereignty, Rodney King, And The Aclu, Susan Herman

Faculty Scholarship

No abstract provided.

The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland

American University Law Review

No abstract provided.

The Unconstitutional Conditions Doctrine And Mandating Norplant For Women On Welfare Discourse, Laurence C. Nolan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Preserving A Community Voice: The Case For Half-And-Half Juries In Racially-Charged Criminal Cases, 28 J. Marshall L. Rev. 1 (1994), Daniel W. Van Ness

UIC Law Review

No abstract provided.

Civil, Constitutional And Criminal Justice Responses To Female Partner Abuse: Proposals For Reform, Mark Anthony Drumbl

Scholarly Articles

Female partner abuse -- the battering inflicted by heterosexual men upon their wives, common-law spouses and intimate partners -- is a pervasive phenomenon in North American society. Through a comparative analysis of the responses to female partner abuse in Buffalo (New York), Toronto and London (Ontario) this paper demonstrates that pro-arrest policing policies have a vital role in curbing conjugal violence. Nevertheless, any truly effective response to female partner abuse must link the criminal justice system with other areas of the law as well as community services. With this interdisciplinary approach as a governing paradigm, several reforms are proposed. These …

The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler

All Faculty Scholarship

This article discusses the history of private and public prosecution in the United States, including standards governing prosecutorial ethics. It argues that the use of private prosecutors is unethical and violative of defendants' constitutional rights. In particular, the article asserts that the use of such prosecutors violates due process principles and creates, at the very least, an unacceptable appearance of impropriety. The article contends that the public's interest in not having its members erroneously charged or convicted in the criminal process outweighs an interested party's right to retain a private prosecutor as set forth in some state laws. In addition …

The Role Of Race In Jury Impartiality And Venue Transfers, Darryl K. Brown

Maryland Law Review

No abstract provided.

Racism In Our Courts: The Underfunding Of Public Defenders And Its Disproportionate Impact Upon Racial Minorities, Rebecca Marcus

UC Law Constitutional Quarterly

The severe underfunding of the nation's Public Defender System has jeopardized the criminal defendant's right to adequate assistance of counsel. The denial of this right has a disproportionate impact upon racial minorities because they are disproportionately represented by public defenders. The result is a violation of minorities' Sixth Amendment right to counsel and Fourteenth Amendment right to equal protection.

This Note examines the causes of under-funding and its effects on racial minorities. To remedy this discrimination, this Note offers several proposals, including a burden-shifting scheme, the use of the disparate impact standard to show discrimination (as opposed to the discriminatory …

Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg

Faculty Publications

No abstract provided.

The Gate Is Open But The Door Is Locked - Habeas Corpus And Harmless Error, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Brecht is a paradigm of the Rehnquist Court's result-oriented approach to habeas corpus and harmless error. The decision purports to be a principled application of the policies of finality, federalism, and judicial economy that underlay the Court's new habeas and harmless error jurisprudence. It is, in fact, an unwarranted and unprincipled extension of those policies. Depending on how the lower federal courts interpret and implement the decision, Brecht could have a devastating impact on the way state prosecutors and judges administer criminal justice, as well as the ability of state prisoners to redress constitutional violations.

Constitutional Law—Miranda Comes Out From Under A Stone: In Withrow V. Williams, The Supreme Court Declines To Extend The Rule From Stone V. Powell To Preclude Federal Courts From Hearing A State Prisoner's Habeas Corpus Petition Based On An Alleged Violation Of The Prisoner's Miranda Rights, Marcus N. Bozeman

University of Arkansas at Little Rock Law Review

No abstract provided.

Trial By Tabloid, Mercy Hermida

St. Thomas Law Review

An intense conflict has persisted throughout legal history between the practical application of the First and Sixth Amendments. The controversy between these two guarantees has been a constant debate for decades. On the one hand, the First Amendment guarantees the media the Constitutional right to report the news via their right to freedom of expression. Alternatively, the Sixth Amendment guarantees the criminally accused the right to a fair trial decided by an impartial jury. Although these two guarantees are not seemingly contradictory, they ultimately collide when the media, in asserting its First Amendment right, so intrudes and disrupts a criminal …

Sotto Voce: The Supreme Court's Low Key But Not Insignificant Criminal Law Rulings During The 1992 Term, William E. Hellerstein

Touro Law Review

No abstract provided.

Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Bruce A. Green, Daniel C. Richman

Faculty Scholarship

No abstract provided.

Toward A New Vision Of Informants: A History Of Abuses And Suggestions For Reform, Clifford S. Zimmerman

UC Law Constitutional Quarterly

Informants have long been used in American criminal law enforcement. Informants are often the best, if not the only, way to discover and thwart certain crimes, particularly crimes in which the victim is unknown or reluctant to cooperate. Because of informants' usefulness, law enforcement personnel, from prosecutors to prison guards, are tempted to abuse the informant system. No government can be supposed to have expressly instructed its spies to instigate the perpetration of crime. Nevertheless, to remain unsuspected, every spy must be zealous in the cause which he pretends to have espoused. That zeal directly encourages crime. In short, our …

New York State Bar Association Committee On State Constitution: Summary Of 1993 Activities, Jerry Boone, Shirley A. Siegel

Touro Law Review

No abstract provided.

Ineffective Assistance Of Counsel: People V. Claudio

Touro Law Review

No abstract provided.

Gift Or Loan Of State Money: Schulz V. State Of New York

Touro Law Review

No abstract provided.

Right To Counsel: People V. Rivera

Touro Law Review

No abstract provided.

State Debt: Schulz V. State Of New York

Touro Law Review

No abstract provided.