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The Exhaustion Doctrine: State Prisoners Caught Between Civil Rights Actions And Writs Of Habeas Corpus, Linda Marie Bell Aug 1992

The Exhaustion Doctrine: State Prisoners Caught Between Civil Rights Actions And Writs Of Habeas Corpus, Linda Marie Bell

San Diego Law Review

This Comment explores the conflict between two federal laws when prisoners challenging their confinement seek damages or declaratory relief. On one hand, the exhaustion doctrine requires state prisoners to exhaust their state remedies before filing a petition for a writ of habeas corpus in federal court when they contest their confinement. On the other hand, prisoners challenging their civil rights may file in federal court without exhausting all state remedies. This Comment addresses how federal courts should determine which rule to apply when a prisoner brings an action contesting confinement, but seeks only declaratory relief or damages. The author proposes …


How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman Jan 1992

How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman

Faculty Scholarship

No abstract provided.


Criminal Procedure—Probable Cause—A Bright-Line Time Limit: The Constitution Requires A Probable Cause Determination Within Forty-Eight Hours Of Arrest. County Of Riverside V. Mclaughlin,, Gregory Taylor Jan 1992

Criminal Procedure—Probable Cause—A Bright-Line Time Limit: The Constitution Requires A Probable Cause Determination Within Forty-Eight Hours Of Arrest. County Of Riverside V. Mclaughlin,, Gregory Taylor

University of Arkansas at Little Rock Law Review

No abstract provided.


1992 Criminal Law Legislative Update, H. Patrick Furman Jan 1992

1992 Criminal Law Legislative Update, H. Patrick Furman

Publications

No abstract provided.


Significant Cases Interpreting Proposition 8, J. Clark Kelso, Brigitte A. Bass Jan 1992

Significant Cases Interpreting Proposition 8, J. Clark Kelso, Brigitte A. Bass

McGeorge School of Law Scholarly Articles

No abstract provided.


Mandatory Hiv Testing Of Rape Defendants: Constitutional Rights Are Sacrificed In A Vain Attempt To Assist The Victim, Raymond S. Franks Sep 1991

Mandatory Hiv Testing Of Rape Defendants: Constitutional Rights Are Sacrificed In A Vain Attempt To Assist The Victim, Raymond S. Franks

West Virginia Law Review

No abstract provided.


The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar Sep 1991

The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar

Articles

"The history of liberty," Justice Felix Frankfurter once noted, "has largely been the history of observance of procedural safeguards" and "the history of the destruction of liberty," Professor Anthony Amsterdam has added, "has largely been the history of the relaxation of those safeguards in the face of plausible sounding governmental claims of a need to deal with widely frightening and emotion freighted threats to the good order of society." These plausible-sounding government claims are being heard today -and they are putting enormous pressure on the Fourth Amendment, the constitutional provision that protects "the right of the people to be secure …


Pretrial Drug Testing: Is It Vulnerable To Due Process Challenges?, Peter H. Meyers May 1991

Pretrial Drug Testing: Is It Vulnerable To Due Process Challenges?, Peter H. Meyers

Brigham Young University Journal of Public Law

No abstract provided.


Pretrial Drug Testing?An Essential Component Of The National Drug Control Strategy, Reggie B. Walton, Gary J. Peters, J. Anthony Towns May 1991

Pretrial Drug Testing?An Essential Component Of The National Drug Control Strategy, Reggie B. Walton, Gary J. Peters, J. Anthony Towns

Brigham Young University Journal of Public Law

No abstract provided.


Pretrial Drug Testing: An Essential Step In Bail Reform, John A. Carver May 1991

Pretrial Drug Testing: An Essential Step In Bail Reform, John A. Carver

Brigham Young University Journal of Public Law

No abstract provided.


Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack Jan 1991

Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack

UIC Law Review

No abstract provided.


The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman Jan 1991

The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman

Publications

No abstract provided.


The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger Jan 1991

The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger

Faculty Works

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.


Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan Jan 1991

Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan

Touro Law Review

No abstract provided.


Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Dooley Jan 1991

Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Dooley

Scholarly Works

Winford L. Stokes, Jr. and Theodore C. Harris had much in common. Both were death-row inmates in the late 1980s. Both were convicted of murder following bifurcated jury trials in which they later alleged that they had not received effective assistance of counsel as required by the federal Constitution. Both inmates sought collateral review of their convictions in federal courts. The similarities between them end there. Because Stokes had procedurally defaulted on his federal constitutional claim in state court under the law of Missouri, the federal appeals court refused to consider the merits of his federal constitutional claim.' Harris, on …


The Truth About Massiah, James J. Tomkovicz Jun 1990

The Truth About Massiah, James J. Tomkovicz

University of Michigan Journal of Law Reform

First, the Article will summarize the Justice Department's discussion of the Massiah right to counsel and the exclusion of evidence under Massiah. Next, it will evaluate the nature of the Report and the character of legal scholarship. Finally, it will explore the substantive debate over Massiah. In that section, the Article will point out the matters on which the DOJ and I agree, will attempt to frame the fundamental questions raised by the Massiah doctrine, and will investigate potential sources of answers to those constitutional questions. Ultimately, it will provide the answers that I prefer, explaining the premises …


The Constitutional Admissibility Of Confessions Induced By Appeals To Religious Belief, Richard E. Durfee Jr. May 1990

The Constitutional Admissibility Of Confessions Induced By Appeals To Religious Belief, Richard E. Durfee Jr.

Brigham Young University Journal of Public Law

No abstract provided.


Rethinking Custodial Interrogation, Daniel B. Yeager Jan 1990

Rethinking Custodial Interrogation, Daniel B. Yeager

Faculty Scholarship

This Article attempts to resurrect a concept crucial to the Supreme Court lexicon. It is not, however, a police manual. This Article concerns itself solely with questions surrounding the admissibility of confessions, and in so doing, attempts to show that only a reconsideration of custodial interrogation can restore the "significant deprivations" language to the status granted it in Miranda v. Arizona.


Remembering The 'Old World' Of Criminal Procedure: A Reply To Professor Grano, Yale Kamisar Jan 1990

Remembering The 'Old World' Of Criminal Procedure: A Reply To Professor Grano, Yale Kamisar

Articles

When I graduated from high school in 1961, the "old world" of criminal procedure still existed, albeit in its waning days; when I graduated from law school in 1968, circa the time most of today's first-year law students were arriving on the scene, the "new world" had fully dislodged the old. Indeed, the force of the new world's revolutionary impetus already had crested. Some of the change that the criminal procedure revolution effected was for the better, but much of it, at least as some of us see it, was decidedly for the worse. My students, however, cannot make the …


Determinants Of Judicial Waiver Decisions For Violent Juvenile Offenders, Jeffrey Fagan, Elizabeth Piper Deschens Jan 1990

Determinants Of Judicial Waiver Decisions For Violent Juvenile Offenders, Jeffrey Fagan, Elizabeth Piper Deschens

Faculty Scholarship

The selection of jurisdiction for adjudicating juvenile crime today is one of the most controversial debates in crime control policy, reflecting differences in assumptions about the causes of crime and philosophies of jurisprudence and punishment. For adolescent offenders, especially violent youth whose behaviors may pose particular social danger, critics view the traditional goals of the juvenile court and the "best interests of the child" standard as being at odds with public concerns for retribution and incapacitation of criminals. The choice between jurisdictions is a choice between the nominally rehabilitative dispositions of the juvenile court and the explicitly punitive dispositions of …


Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle Jan 1990

Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle

Faculty Scholarship

Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …


Foreword - The 'Truth In Criminal Justice' Series, Stephen J. Markman Jun 1989

Foreword - The 'Truth In Criminal Justice' Series, Stephen J. Markman

University of Michigan Journal of Law Reform

This special issue of the University of Michigan Journal of Law Reform contains a series of reports-the 'Truth in Criminal Justice' series-that reexamine a variety of basic issues in the law of criminal procedure and evidence. In publishing this series, the editors of the Journal have made an important and timely contribution to the national debate over the character and future development of criminal justice in the United States. There is an abundance of legal writing on criminal justice issues, but relatively little of it concerns increasing the system's effectiveness in bringing criminals to justice or doing justice for the …


Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy Apr 1989

Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy

Michigan Law Review

The article will consider four different types of police-obtained evidence: evidence obtained from an unconstitutional search and seizure, evidence obtained from a Miranda violation, confessions and lineup identifications obtained in violation of the sixth amendment right to counsel, and coerced confessions. My conclusions are that evidence obtained from an unconstitutional search and seizure is excluded because of the police misconduct by which it was obtained. On the other hand, evidence obtained from a Miranda violation is (or ought to be) excluded because use of that evidence compromises the defendant's procedural right not to be compelled to be a witness against …


Arizona V. Roberson: The Supreme Court Expands Suspects' Rights In The Custodial Interrogation Setting, 22 J. Marshall L. Rev. 685 (1989), Thomas N. Radek Jan 1989

Arizona V. Roberson: The Supreme Court Expands Suspects' Rights In The Custodial Interrogation Setting, 22 J. Marshall L. Rev. 685 (1989), Thomas N. Radek

UIC Law Review

No abstract provided.


State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus Apr 1988

State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus

Faculty Publications

No abstract provided.


In Search Of The Virtuous Prosecutor: A Conceptual Framework, Stanley Z. Fisher Apr 1988

In Search Of The Virtuous Prosecutor: A Conceptual Framework, Stanley Z. Fisher

Faculty Scholarship

Questions about the scope and content of the duty to "seek justice" pervade prosecutorial work. Prosecutors are required to serve in a dual role: they are both advocates seeking conviction and "ministers of justice." Observers have complained about a tendency on the part of prosecutors to prefer the former of these "schizophrenic" obligations to the latter. This is commonly described as a tendency to behave overzealously or according to a "conviction psychology. ' "


Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank Jan 1988

Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank

Faculty Articles and Other Publications

Although procedural due process requirements govern the proof of a violation in a probation revocation hearing, judges exercise almost total discretion in deciding what sanctions to impose once a violation is established. These postsentence judgments can be as important as the initial sentencing. Sanctions for even minor probation violations can range from obligating a probationer to meet with his probation officer more frequently to executing a suspended prison sentence. The Supreme Court recognized in Morrissey v. Brewer that the choice of sanctions is often more complex than the proof of a violation. Principles must be developed to regulate postsentence sentencing. …


Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager Jan 1988

Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager

Faculty Scholarship

No abstract provided.


Preventive Detention: Illinois Takes A Tenative Step Towards A Safer Community, 21 J. Marshall L. Rev. 389 (1988), Carolyn Nickels Offenbach Jan 1988

Preventive Detention: Illinois Takes A Tenative Step Towards A Safer Community, 21 J. Marshall L. Rev. 389 (1988), Carolyn Nickels Offenbach

UIC Law Review

No abstract provided.