Digital Commons Network^™

Battered Non-Wives And Unequal Protection Order Coverage: A Call For Reform, Judith A. Smith

ExpressO

Civil protection orders are effective, yet under-used weapons in the battle against domestic violence. In New York and in other states as well, civil orders of protection provide unique benefits and remedies to domestic violence victims that are in addition to, or that are in place of, the benefits the criminal system offers. They are under used in part because they are not available to all victims. In every state, the availability of civil protection orders is limited to those victims who are in certain defined relationships. While many states have expanded their definitions of the types of relationships that …

Vehicular Police Pursuits, Bradley B. Drayna

Honors Capstones

Capstone submitted as a graduation requirement for the BSU Honors Program.

Unraveling Ring V. Arizona: Balancing Judicial Sentencing Enhancements With The Sixth Amendment In Capital Punishment Schemes, Daren S. Koudele

West Virginia Law Review

No abstract provided.

Pour Encourager Les Autres? The Curious History And Distressing Implications Of The Criminal Provisions Of The Sarbanes-Oxley Act And The Sentencing Guidelines Amendments That Followed, Frank O. Bowman Iii

Faculty Publications

This Article presents a legislative history of the Sarbanes-Oxley Act and the subsequent amendments to the U.S. Sentencing Guidelines. It explains the surprising interaction between the civil and criminal provisions of Sarbanes-Oxley. The Article also provides a dramatic and detailed account of the interplay of political interests and agendas that ultimately led to large sentence increases for serious corporate criminals and blanket sentence increases for virtually all federal fraud defendants. The tale illuminates the substance of the new legislation and sentencing rules, but is more broadly instructive regarding the distribution of power over criminal sentencing between the three branches and …

The Use Of Prior Convictions After Apprendi, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Recent Evaluative Research On Jury Trial Innovations, B. Michael Dann, Valerie P. Hans

Cornell Law Faculty Publications

During the past decade, state jury reform commissions, many individual federal and state judges, and jury scholars have advocated the adoption of a variety of innovative trial procedures to assist jurors in trials. Many jury trial reforms reflect growing awareness of best practices in education and communication as well as research documenting that jurors take an active rather than a passive approach to their decision-making task. Traditional adversary jury trial procedures often appear to assume that jurors are blank slates, who will passively wait until the end of the trial and the start of jury deliberations to form opinions about …

The Right To Counsel In Criminal Cases: The Law And The Reality In Rhode Island District Court, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.

Shouting Into The Wind: District Court Judges And Federal Sentencing Policy, David M. Zlotnick

Law Faculty Scholarship

No abstract provided.

Time Travel, Hovercrafts, And The Fourth Amendment: If James Madison Could Have Seen The Future, George C. Thomas

ExpressO

Recent historical work has raised the intriguing possibility that the Framers meant to accomplish only one goal in the Fourth Amendment: to forbid general warrants. On this historical account, the first clause stating a right of the people to be "free from unreasonable searches and seizures" is merely declaratory of the principle that led the Framers to ban general warrants. Rephrased to be true to this history, the Fourth Amendment would say: "The right of the people to be secure in their persons, houses, papers, and effects against general warrants shall not be violated, and no general warrants shall issue." …

Constitutional Interpretation And Coercive Interrogation After Chavez V. Martinez, John T. Parry

ExpressO

Using the Supreme Court's decision last Term in Chavez v. Martinez as a launching pad, this article reveals and addresses fundamental tensions in constitutional interpretation, the law of interrogation, and civil rights litigation. First, this article highlights the importance of remedies to the definition of constitutional rights, which compels us to jettison the idea of prophylactic rules and accept Congress's role in constitutional interpretation. Armed with these insights, the article next considers the law of coercive interrogation. I explain why the privilege against self-incrimination is more than a trial right, and I redefine the central holding of Miranda to take …

Standby Me: Self-Representation And Standby Counsel In A Capital Case, Meghan H. Morgan

Capital Defense Journal

No abstract provided.

Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower

Brigham Young University Journal of Public Law

No abstract provided.

Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus

Brigham Young University Journal of Public Law

No abstract provided.

Pleas For Dna Testing: Why Lawmakers Should Amend State Post-Conviction Dna Testing Statutes To Apply To Prisoners Who Pled Guilty, Daina Borteck

Cardozo Law Review

No abstract provided.

Entrapment And The Problem Of Deterring Police Misconduct, Dru Stevenson

ExpressO

Many the states currently use a version of the entrapment defense known as the “objective test,” which focuses solely on the extent of police overreaching in the case, and seeks to deter police misconduct by acquitting the defendant. Acquitting defendants as a means of deterring undercover police misconduct, however, is a public policy fraught with problems, and these problems have not been adequately addressed in the literature to date. This article applies the insights of modern deterrence theory to wrongful activity by police in undercover operations. In doing so, three general problems emerge. First, the objective test relies on an …

Judicial Perspectives On The Federal Sentencing Guidelines And The Goals Of Sentencing: Debunking The Myths, Michael E. O'Neill

ExpressO

No abstract provided.

Risk Assessment: Promises And Pitfalls, Nora V. Demleitner

Scholarly Articles

Not available.

Double Whammy: Collateral Consequences Of Conviction And Imprisonment For Sustainable Communities And The Environment, Avi Brisman

William & Mary Environmental Law and Policy Review

No abstract provided.

Should Juvenile Adjudications Count As Prior Convictions For Apprendi Purposes?, Jeremy W. Hochberg

William & Mary Law Review

No abstract provided.

Immaturity, Normative Competence, And Juvenile Transfer: How (Not) To Punish Minors For Major Crimes, David O. Brink

ExpressO

This essay critically examines the national trend to get tough on juvenile crime by making it easier to transfer juvenile offenders to adult criminal court. It assesses this trend in light of different rationales for punishment, arguing that immaturity provides retributive, deterrent, and corrective reasons to punish juvenile crime differently than otherwise similar adult crime. Insofar as retributive concepts determine whom to punish and how much to punish, it is especially important that immaturity involves diminished normative competence and, hence, diminished responsibility. In defending a traditional approach to juvenile criminal justice against the reforms embodied in the transfer trend, the …

Rethinking Public Engagement In The Administrative State, Mariano-Florentino Cuellar

ExpressO

This Article presents an empirical, doctrinal, and theoretical critique of public engagement in the modern administrative state. The legitimacy of the administrative state depends on the claim that it provides opportunities for public engagement as well as a mechanism for expert scientific decisionmaking. A typical rulemaking proceeding lets experts make technical judgments about terrorism, transportation, or telecommunications subject to court review guarding against arbitrariness. The whole process is then enmeshed in a system that is supposed to provide engagement – and therefore democratic accountability -- through presidential appointments and control, congressional oversight, and the public notice-and-comment process. This existing approach …

'Lesser Evils' In The War On Terrorism, Mark A. Drumbl

Scholarly Articles

No abstract provided.

Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck

UIC Law Review

No abstract provided.

State V. Patton, Orit Tulchinsky

NYLS Law Review

No abstract provided.

All Aboard! The Supreme Court, Guilty Pleas, And The Railroading Of Criminal Defendants, Julian A. Cook, Iii

University of Colorado Law Review

No abstract provided.

What The Supreme Court Should Do: Save Sentencing Reform, Gut The Guidelines, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Face To Face With The Right Of Confrontation, Richard D. Friedman

Other Publications

This article is an edited excerpt from the amicus curiae brief filed in Crawford v. Washington, heard before the United States Supreme Court on November 10, 2003. Prof. Friedman wrote the brief for the Court.

Addressing Staff Sexual Misconduct With Offenders Curriculum (Instructor’S Guide: Staff Sexual Misconduct With Offenders)_2004, Brenda V. Smith, Morris L. Thigpen, Allen Ault, Anadora Moss, Dee Halley, Jaime M. Yarussi, Marcia Morgan, Susan Mccampbell

Research Reports & White Papers

Addressing Staff Sexual Misconduct with Offenders is a 36-hour training program that focuses on the complex issues surrounding staff sexual misconduct with offenders in all correctional settings. This training is designed for correctional policy makers, agency managers and administrators, and community leaders who influence correctional policy.

In this guide you will find a suggested program agenda for this training which will provide the instructor with a snap-shot of the training program as a whole. You will also find an overview of each training module, resources you will need, and activities which you may find helpful in the execution of the …

Appointed But (Nearly) Prevented From Serving: My Experience As A Grand Jury Foreperson, Phyllis L. Crocker

Law Faculty Articles and Essays

In summer 2003, I was a grand jury foreperson for the Cuyahoga County Court of Common Pleas in Cleveland, Ohio. The service of this grand jury, and my tenure as foreperson, were unique in the annals of grand juries. We were selected and sworn in the same manner as any grand jury, but heard cases for only one day of our four-month term-the last day. In the interim, the prosecutor filed cases in two courts, seeking to discharge us, as being “tainted” by our supervising judge's initial instructions about our duties and the law. I begin this essay with basic …

The Confrontation Clause Re-Rooted And Transformed, Richard D. Friedman

Articles

For several centuries, prosecution witnesses in criminal cases have given their testimony under oath, face to face with the accused, and subject to cross-examination at trial. The Confrontation Clause of the Sixth Amendment to the U.S. Constitution guarantees the procedure, providing that ‘‘[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witness against him.’’ In recent decades, however, judicial protection of the right has been lax, because the U.S. Supreme Court has tolerated admission of outof- court statements against the accused, without cross-examination, if the statements are deemed ‘‘reliable’’ or ‘‘trustworthy.’’ …