Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (378)
- Yeshiva University, Cardozo School of Law (337)
- Washington and Lee University School of Law (276)
- William & Mary Law School (227)
- Maurer School of Law: Indiana University (145)
-
- Columbia Law School (141)
- American University Washington College of Law (134)
- University of Richmond (127)
- BLR (126)
- University of Washington School of Law (114)
- Loyola University Chicago, School of Law (109)
- Brooklyn Law School (100)
- University of Colorado Law School (97)
- UIC School of Law (95)
- Mercer University School of Law (87)
- Touro University Jacob D. Fuchsberg Law Center (86)
- Villanova University Charles Widger School of Law (85)
- Southern Methodist University (80)
- University of Kentucky (78)
- Pepperdine University (76)
- Northwestern Pritzker School of Law (75)
- University of Miami Law School (73)
- Pace University (72)
- Fordham Law School (70)
- Seattle University School of Law (70)
- University of Georgia School of Law (70)
- Boston University School of Law (69)
- Texas A&M University School of Law (69)
- University of Maine School of Law (63)
- St. John's University School of Law (61)
- Keyword
-
- Criminal procedure (436)
- Criminal law (357)
- Criminal justice (271)
- Criminal Law and Procedure (235)
- Criminal Procedure (220)
-
- Sentencing (205)
- Police (182)
- Sixth Amendment (164)
- Death penalty (153)
- Evidence (150)
- United States Supreme Court (146)
- Capital punishment (132)
- Criminal Law (127)
- Prosecutors (117)
- Fourth Amendment (114)
- Due process (110)
- Right to counsel (106)
- Fifth Amendment (105)
- Constitutional Law (90)
- Punishment (87)
- Plea bargaining (85)
- Criminal justice system (84)
- Race (81)
- Supreme Court (79)
- Juries (78)
- Miranda v. Arizona (77)
- Criminal Justice (74)
- Incarceration (72)
- Exclusionary rule (68)
- Courts (67)
- Publication Year
- Publication
-
- Faculty Scholarship (523)
- Articles (228)
- Faculty Publications (166)
- Michigan Law Review (163)
- Cardozo Law Review (142)
-
- ExpressO (113)
- Washington and Lee Law Review (103)
- Publications (90)
- Scholarly Articles (90)
- Articles by Maurer Faculty (83)
- Mercer Law Review (81)
- University of Richmond Law Review (80)
- UIC Law Review (79)
- All Faculty Scholarship (76)
- William & Mary Law Review (70)
- Scholarly Articles in Law Reviews & Journals (68)
- Washington Law Review (68)
- Pepperdine Law Review (67)
- Public Interest Law Reporter (65)
- Villanova Law Review (1956 - ) (65)
- Kentucky Law Journal (62)
- Maine Law Review (61)
- Touro Law Review (61)
- Scholarly Works (58)
- Faculty Journal Articles and Book Chapters (56)
- Faculty Articles (54)
- West Virginia Law Review (52)
- Elisabeth Haub School of Law Faculty Publications (46)
- Indiana Law Journal (46)
- Seattle University Law Review (44)
- Publication Type
- File Type
Articles 3001 - 3030 of 5726
Full-Text Articles in Entire DC Network
White-Collar Crime: Why The Sentencing Disparity Despite Uniform Guidelines?, Jon J. Lambiras
White-Collar Crime: Why The Sentencing Disparity Despite Uniform Guidelines?, Jon J. Lambiras
Pepperdine Law Review
No abstract provided.
The Fifth Amendment Right Against Self-Incrimination: An In-Depth Look At Mckune V. Lile, Heidi Feldman
The Fifth Amendment Right Against Self-Incrimination: An In-Depth Look At Mckune V. Lile, Heidi Feldman
Pepperdine Law Review
No abstract provided.
Alabama V. Shelton: One Small Step For Man, One Very Small Step For The Sixth Amendment's Right To Counsel, Joshua S. Stambaugh
Alabama V. Shelton: One Small Step For Man, One Very Small Step For The Sixth Amendment's Right To Counsel, Joshua S. Stambaugh
Pepperdine Law Review
No abstract provided.
Ring V. Arizona: The Sixth And Eighth Amendments Collide: Out Of The Wreckage Emerges A Constitutional Safeguard For Capital Defendants, Jason E. Barsanti
Ring V. Arizona: The Sixth And Eighth Amendments Collide: Out Of The Wreckage Emerges A Constitutional Safeguard For Capital Defendants, Jason E. Barsanti
Pepperdine Law Review
No abstract provided.
Brady, Trust, And Error, Samuel R. Wiseman
Brady, Trust, And Error, Samuel R. Wiseman
Scholarly Publications
No abstract provided.
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, Anna Roberts
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, Anna Roberts
Faculty Scholarship
No abstract provided.
The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton
The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton
The Journal of Appellate Practice and Process
No abstract provided.
A Sober Second Thought, Andrew H. Schapiro
A Sober Second Thought, Andrew H. Schapiro
The Journal of Appellate Practice and Process
No abstract provided.
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
Northwestern Journal of Law & Social Policy
Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
All Faculty Scholarship
The purposes of the competency doctrine are to guarantee reliability in criminal prosecutions, to ensure that only those defendants who can appreciate punishment are subject to it, and to maintain moral dignity, both actual and apparent, in criminal proceedings. No matter his crime, the “madman” should not be forced to stand trial. Historically, courts viewed questions of competency as a binary choice, finding the defendant either competent or incompetent to stand trial. However, in Edwards v. Indiana, the Supreme Court conceded that it views competency on a spectrum and offered a new category of competency — borderline-competent. The Court held …
Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe
Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe
Cardozo Law Review
No abstract provided.
Panel On Prosecutorial Immunity: Deconstructing Connick V. Thompson, Dane Ciolino, Gary Clements, Bennett L. Gershman, Adam M. Gershowitz, Kathleen Ridolfi, Samuel R. Wiseman, Stephen Singer
Panel On Prosecutorial Immunity: Deconstructing Connick V. Thompson, Dane Ciolino, Gary Clements, Bennett L. Gershman, Adam M. Gershowitz, Kathleen Ridolfi, Samuel R. Wiseman, Stephen Singer
Faculty Publications
In November 2011, the Journal hosted a symposium on prosecutorial immunity at Loyola University New Orleans College of Law. The symposium included an in-depth analysis of Connick v. Thompson. As part of the symposium, the Journal organized a Panel, the transcript of which follows. This transcript consists of the speakers' remarks along with audience participation and questions. The Journal has attempted to preserve the character and substance of the discussion. While this is not a traditional article, the Journal felt that it would be fitting to include it in its spring volume.
Have We Come Full Circle? Judicial Sentencing Discretion Revived In Booker And Fanfan, Sandra D. Jordan
Have We Come Full Circle? Judicial Sentencing Discretion Revived In Booker And Fanfan, Sandra D. Jordan
Pepperdine Law Review
The much anticipated Supreme Court decision in United States v. Booker and Fanfan has both invalidated the mandatory nature of the federal Sentencing Guidelines as well as restored judicial discretion for federal judges. With the Booker decision there is a renewed opportunity to correct some of the imbalance that came about as a result of the mandatory guidelines and the sentencing policies of the past twenty years. Booker has implications for all future sentencing as the power between the judiciary and the jury has been realigned and the power of the government has been reduced. Sentencing cannot accomplish legitimate goals …
You Have The Right To Remain Silent. Now Please Repeat Your Confession: Missouri V. Seibert And The Court's Attempt To Put An End To The Question-First Technique, Eric English
Pepperdine Law Review
No abstract provided.
"What Hath Hiibel Wrought?": The Constitutionality Of Compelled Self-Identification, Robert A. Hull
"What Hath Hiibel Wrought?": The Constitutionality Of Compelled Self-Identification, Robert A. Hull
Pepperdine Law Review
No abstract provided.
Criminal Justice, Akhil Reed Amar
Raising The Bar: How Rompilla V. Beard Represents The Court's Increasing Efforts To Impose Stricter Standards For Defense Lawyering In Capital Cases, Whitney Cawley
Pepperdine Law Review
No abstract provided.
Casting A Wider Net: Another Decade Of Legislative Expansion Of The Death Penalty In The United States, Jeffrey L. Kirchmeier
Casting A Wider Net: Another Decade Of Legislative Expansion Of The Death Penalty In The United States, Jeffrey L. Kirchmeier
Pepperdine Law Review
During the last decade, judges, politicians, scholars, and the general public have become troubled about problems with the death penalty in the United States. Also during this time, major studies of the death penalty have recommended a reduction in the number of statutory factors that make one eligible for the death penalty. Despite these concerns, legislatures continue to expand their capital punishment statutes to make more defendants eligible for the death penalty. This Article examines how, during a time of growing concern about innocence and arbitrariness in the death penalty system, a number of legislatures have continued to expand their …
Criminal Justice, Vikram Amar
Cutting The Cord: Ho'oponopono And Hawaiian Restorative Justice In The Criminal Law Context , Andrew J. Hosmanek
Cutting The Cord: Ho'oponopono And Hawaiian Restorative Justice In The Criminal Law Context , Andrew J. Hosmanek
Pepperdine Dispute Resolution Law Journal
Ho'oponopono is a traditional Hawaiian dispute resolution system that has recently experienced a resurgence of interest. The word ho'oponopono literally means to make right. In this system, both the offender and victim participate in a type of guided mediation along with other stakeholders in the offense. Ho'oponopono is different from typical mediations because after the session is successfully completed, the participants figuratively cut the cord of legal and psychological entanglement which binds them - in other words, the dispute is put to rest forever. When victim and offender come to a true resolution of the problem, and jointly make the …
Shame By Any Other Name: Lessons For Restorative Justice From The Principles, Traditions And Practices Of Alcoholics Anonymous , Victoria Pynchon
Shame By Any Other Name: Lessons For Restorative Justice From The Principles, Traditions And Practices Of Alcoholics Anonymous , Victoria Pynchon
Pepperdine Dispute Resolution Law Journal
Because the painful experience of shame is believed to deter anti-social and criminal conduct, it has long been a staple of our criminal justice system. Its purpose has been to accomplish moral education about the wrongfulness of the crime and to prevent its occurrence through social and self-disapproval. In criminal ADR or "restorative justice" circles, the beneficial effects of "reintegrative" shame are meant to be accomplished by a "restorative justice conference" or "victim-offender mediation" ("VOMS"). These VOMs bring together victims and their loved ones; offenders and their friends and family; and, caring members of the community for the purpose of …
Cudgel Or Carrot: How Roper V. Simmons Will Affect Plea Bargaining In The Juvenile System , D. Brian Woo
Cudgel Or Carrot: How Roper V. Simmons Will Affect Plea Bargaining In The Juvenile System , D. Brian Woo
Pepperdine Dispute Resolution Law Journal
In 2005, the United States Supreme Court held, in Roper v. Simmons, that the execution of convicted juveniles violated the Eighth Amendment's prohibition on cruel and unusual punishment. In addressing the issue, the Court determined that a national consensus had developed against the execution of juveniles. Ultimately, a majority of the court decided that a national public consensus had been reached against the execution of juveniles under 18 in age. With Roper, no longer can juveniles of any age be executed. This decision will undoubtedly affect the entire juvenile penal system, from how cases enter the system, to …
Meet Me On Death Row: Post-Sentence Victim-Offender Mediation In Capital Cases, Rachel Alexandra Rossi
Meet Me On Death Row: Post-Sentence Victim-Offender Mediation In Capital Cases, Rachel Alexandra Rossi
Pepperdine Dispute Resolution Law Journal
Since the 1970's, victim-offender mediation (VOM) has increased in use, most commonly with minor offenses. More recently, VOM has been sparingly applied to serious and violent crimes, including "rape, vehicular homicide, attempted homicide, and murder." Death penalty cases have rarely been the focus of restorative justice or VOM, likely because the victim has died and the offender will soon be executed, and these two parties are traditionally the focus of restorative justice. However, while capital cases involve unique concerns and issues, VOM can still be applied in these cases. The process would only require some modification of the focus and …
The Jury's Second Coming, Jenny E. Carroll
The Jury's Second Coming, Jenny E. Carroll
Faculty Scholarship
This article explores the controversial issue of jury nullification by reconceptualizing nullification through the lens of the Supreme Court’s recent decisions beginning with Apprendi v. New Jersey. Apprendi’s embrace of the jury’s historical powers — require a rejection of the formalized and static paradigm in favor of a more fluid vision of the law. Despite extensive scholarship surrounding Apprendi, an innovative (though admittedly counter-intuitive) reading of the case line has been overlooked. This reading draws on Apprendi’s embrace of a vision of the law constructed and completed through jury interpretation and verdict. Interpreted in this way, the Apprendi case line …
Finding The Original Meaning Of American Criminal Procedure Rights: Lessons From Reasonable Doubt’S Development, Randolph N. Jonakait
Finding The Original Meaning Of American Criminal Procedure Rights: Lessons From Reasonable Doubt’S Development, Randolph N. Jonakait
The University of New Hampshire Law Review
[Excerpt] “The prosecution must prove every element of the crime beyond a reasonable doubt for a valid conviction. The Constitution nowhere explicitly contains this requirement, but the Supreme Court in In re Winship1 stated that due process commands it. Justice Brennan, writing for the Court, noted that the Court had often assumed that the standard existed, that it played a central role in American criminal justice by lessening the chances of mistaken convictions, and that it was essential for instilling community respect in criminal enforcement. The reasonable doubt standard is fundamental because it makes guilty verdicts more difficult. As Winship …
The Problem Of Policing, Rachel A. Harmon
The Problem Of Policing, Rachel A. Harmon
Michigan Law Review
The legal problem of policing is how to regulate police authority to permit officers to enforce law while also protecting individual liberty and minimizing the social costs the police impose. Courts and commentators have largely treated the problem of policing as limited to preventing violations of constitutional rights and its solution as the judicial definition and enforcement of those rights. But constitutional law and courts alone are necessarily inadequate to regulate the police. Constitutional law does not protect important interests below the constitutional threshold or effectively address the distributional impacts of law enforcement activities. Nor can the judiciary adequately assess …
Policing, Popular Culture And Political Economy: Towards A Social Democratic Criminology [Book Review], Mark Findlay
Policing, Popular Culture And Political Economy: Towards A Social Democratic Criminology [Book Review], Mark Findlay
Research Collection Yong Pung How School Of Law
No abstract provided.
The Defense Attorney As Mediator In Plea Bargains, Gabriel Hallevy
The Defense Attorney As Mediator In Plea Bargains, Gabriel Hallevy
Pepperdine Dispute Resolution Law Journal
In this article, it will be argued that defense counsel's function in negotiating plea bargains is identical to that of a mediator, seeking to reconcile the positions of the defendant and the prosecution. Within this framework, the plea bargain should be seen as part of the broad conception of Alternative Dispute Resolution (ADR) which first made its appearance at the end of the 1970s. An analysis of plea bargains in the Western world as part of the broader concept of ADR actually shows that it is the defense attorney, rather than the court or the other parties to the issue, …
Kimbrough And Gall: Taking Another "Crack" At Expanding Judicial Discretion Under The Federal Sentencing Guidelines, Chris Gaspard
Kimbrough And Gall: Taking Another "Crack" At Expanding Judicial Discretion Under The Federal Sentencing Guidelines, Chris Gaspard
Pepperdine Law Review
No abstract provided.
International Travel With A "Digital Briefcase": If Customs Officials Can Search A Laptop, Will The Right Against Self-Incrimination Contravene This Authority?, Ashley H. Verdon
International Travel With A "Digital Briefcase": If Customs Officials Can Search A Laptop, Will The Right Against Self-Incrimination Contravene This Authority?, Ashley H. Verdon
Pepperdine Law Review
No abstract provided.