Digital Commons Network^™

The Chronicle, Ryan Dalbey, Mary Kay Lee, Charles Garner, Patty Walker, Troy Baines, Barb Stone, Corey L. White

Campus Chronicle

No abstract provided.

Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann

Indiana Law Journal

No abstract provided.

Paradox Of International Adjudication: Developments In The International Criminal Tribunals For The Former Yugoslavia And Rwanda, The World Court, And The International Criminal Court, Susan W. Tiefenbrun

North Carolina Journal of International Law

No abstract provided.

Available Post-Trial Relief After A State Criminal Conviction When Newly Discovered Evidence Establishes "Actual Innocence", Josephine Linker Hart, Guilford M. Dudley

University of Arkansas at Little Rock Law Review

No abstract provided.

Redefining Rehearing: Previewing Appellate Decisions Online, J. Thomas Sullivan

The Journal of Appellate Practice and Process

Issuing preliminary opinions for public comment is similar to rehearings. The difference is that parties outside of the litigation are able to add commentary. Judges would then reevaluate the preliminary opinion, consider the submitted comments, and then issue a final opinion. Online access to judicial decisions could make this practice more efficient and effective than rehearings.

Thawing Out The Cold Record: Some Thoughts On How Videotaped Records May Affect Traditional Standards Of Deference On Direct And Collateral Review, Robert C. Owen, Melissa Mather

The Journal of Appellate Practice and Process

Appellate courts are unable to “smell the smoke of battle” from a trial. For this reason, a trial court’s decision is owed deference when examining an appeal. Video technology makes this reason for deference less relevant.

A Vision Of The Future Of Appellate Practice And Process, George Nicholson

The Journal of Appellate Practice and Process

Technology is changing appellate practice in two different ways. The first, is increasing efficiency. Technology is also changing the scope and direction of traditional appellate practice and process.

The "Insane" Contradiction Of Singleton V. Norris: Forced Medication In A Death Row Inmate's Medical Interest Which Happens To Facilitate His Execution, Rebecca A. Miller-Rice

University of Arkansas at Little Rock Law Review

No abstract provided.

A Delicate Balance: Legislation, Institutional Change, And Transnational Bribery, Steven R. Salbu

Cornell International Law Journal

No abstract provided.

Delivery Of Legal Services To The Poor In The Twenty-First Century, Michael A. Cooper, Charles J. Ogletree, Robert F. Drinan, Elaine R. Jones, Margaret Fung, Bob Herbert, Deborah L. Rhode, Beverly Mcqueary Smith, William G. Paul, Charles Halpern, Kristin Booth Glen, Robert E. Bank

City University of New York Law Review

No abstract provided.

The Thrift Savings Plan Experience: Implications For A Universal Asset Account Initiative, Elaine Rideout-Fisher

Center for Social Development Research

The Thrift Savings Plan Experience: Implications for a Universal Asset Account Initiative

United States V. Dickerson: The Beginning Of The End For Miranda, James R. O'Neill

Mercer Law Review

In United States v. Dickerson, the Fourth Circuit held that the admissibility of a confession in federal courts is determined by 18 U.S.C. § 3501, not the rule announced by the Supreme Court in Miranda v. Arizona. Accordingly, the Fourth Circuit concluded, pursuant to the statute, that admissibility of a confession depends upon whether or not it is voluntary

State Of Ohio's Urban Regions Reports: Employment Change, Ziona Austrian, John P. Blair

Economics Faculty Publications

No abstract provided.

Constitutional Criminal Procedure, James P. Fleissner, Amy C. Reeder

Mercer Law Review

The field known as "constitutional criminal procedure" is one of the most dynamic branches of constitutional interpretation. Because most of the guarantees of the Fourth, Fifth, and Sixth Amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, the decisions of the United States Supreme Court interpreting the Bill of Rights have the effect of creating national minimum standards for both the federal and state criminal justice systems. Because every year there are many significant decisions in the field of constitutional criminal procedure, practitioners need to keep abreast of breaking developments. Of course, the Supreme Court decides …

An Analysis Of Plan Colombia As It Meets Criteria For Protracted Military Intervention, Sarah Roper

Student Work

For over thirty years, the conflict in Colombia has wrecked havoc on the country's civil society, political order, military capabilities, and the stability of the entire region. Bom of drug cartels and exacerbated by police and military corruption, rebel guerrilla groups, and ineffective international policy, drug trafficking and the consequences thereof pose a critical threat to policy makers worldwide. Consequently, the Colombian and United States governments committed, in February 2000, to new legislation, entitled Plan Colombia, aimed at reducing narcotics cultivation, processing, and distribution by fifty percent by the year 2006. While the plan is ambitious, it is riddled with …

Burdening Constitutional Rights: The Supreme Court's License To Prosecutors, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The prosecutorial tactic of burdening a defendant’s exercise of constitutional rights has appeared in a variety of contexts. Prosecutors have asked juries to infer guilt based on a defendant’s decision not to testify, not to call witnesses, to remain silent after being given Miranda warnings, to go to trial, to secure the assistance of counsel, to refuse to consent to a warrantless search, and to testify. In all of these instances, courts have found the prosecutor’s remarks to constitute misconduct.

Alumni Newsletter - Issue No. 74, University Of Maine School Of Law

Maine Law Magazine

• Around Campus
• Keeping Up with Technology
• Commencement
• Faculty
• Alumni News
• Annual Fund Results

The Efficacy Of Public Affairs In The Federal Courts, Jacqueline Todd

Theses and Dissertations

The federal courts are undeniably one of the most important institutions in our society, yet we know little of this nebulous entity since the federal court system does not directly communicate to the public. The judiciary relies solely on the media to disseminate court decisions and information to the public.

The purpose of this study was to underscore the need for a public affairs office in the federal court system. This researcher held that a court public affairs office would serve to educate the public about the judiciary, as well as correct media accounts of court decisions that exhibit negative …

Beating Again And Again And Again: Why Washington Needs A New Rule Of Evidence Admitting Prior Acts Of Domestic Violence, Linell A. Letendre

Washington Law Review

Batterers in Washington who use violence to control their intimate partners routinely avoid conviction and punishment due to the difficulties of prosecuting domestic violence cases. Prosecutors often face complex problems, such as recanting victims, lack of other witnesses, and juries inherently biased against battered women. Although some Washington prosecutors have found ways to introduce evidence of prior domestic violence in certain limited circumstances, Washington Rule of Evidence 404(b) generally precludes the use of evidence showing prior domestic violence. This Comment argues that this evidence rule prevents the admission of highly probative evidence of prior abuse against current or past victims …

The Attorney-Client Privilege: Practical Military Applications Of A Professional Core Value, Joshua E. Kastenberg, Norman K. Thompson

Faculty Scholarship

This article examines the historical development of the attorney-client privilege and then explores the privilege generally before tackling some specific areas where the privilege commonly arises in military practice. We explore important aspects of the privilege from three different perspectives: (1) a prosecution perspective-saving court-martial cases involving alleged compromise of attorney-client privileged material by trial counsel and/or investigators, (2) a defense perspective-using the privilege to protect information about the whereabouts of a client and the contents of a defense counsel's appointment schedule, and, (3) a general military practice perspective-the potential conflicts of interest which may arise when the privilege is …

Fourth Annual W. Haywood Burns Memorial Lecture: Discrimination In The New York Criminal Justice System Address, Robert L. Carter

City University of New York Law Review

No abstract provided.

Front Matter

City University of New York Law Review

No abstract provided.

The Constitutional Failure Of The Strickland Standard In Capital Cases Under The Eighth Amendment, Amy R. Murphy

Law and Contemporary Problems

Criminal defendants are guaranteed the right to effective assistance of counsel under the Sixth Amendment, but the Supreme Court's decision in "Strickland" has given appellate courts overly broad discretion to determine exactly what constitutes ineffective assistance of counsel. Murphy reviews the right to counsel and discusses the crucial role of counsel in capital cases throughout the trial and appellate processes.

Blended Sentencing In Montana: A New Way To Look At An Old Problem, Robert E. Henderson

Montana Law Review

Blended Sentencing in Montana

Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones

Vanderbilt Law School Faculty Publications

This Article serves is a sequel to a previous Article: Sex, Culture, and the Biology of Rape: Toward Explanation and Prevention, 87 Cal. L. Rev. 827 (1999). Part I briefly considers the threshold question: why consider the behavioral biology of sexual aggression at all? Part II proposes that the first step in transitioning to a more accurate and more useful model of rape behavior is to avoid a number of common definitional ambiguities that plague most rape discussions. Because those ambiguities are particularly likely to foster misunderstandings about biobehavioral perspectives, Part II also clarifies the scope of what biobehavioral theories …

Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin

Vanderbilt Law School Faculty Publications

In Daubert v. Merrell Dow Pharmaceuticals Inc., the Supreme Court sensibly held that testimony purporting to be scientific is admissible only if it possesses sufficient indicia of scientific validity. In Kumho Tire Co. v. Carmichael, the Court more questionably held that opinion evidence based on "technical" and "specialized" knowledge must meet the same admissibility threshold as scientific testimony. This Article addresses the implications of these two decisions for opinion evidence presented by mental health professionals in criminal trials.

Latino Police Officers: Negotiating The Police Role, Dawn M. Irlbeck

Student Work

Tension and mistrust have characterized relations between the police and Latino communities. Civil rights leaders and community groups argue that increased employment of Latino police officers will improve the quality of police services, based on the assumption that Latino officers will be better able to relate to Latino community members and will not engage in discriminatory behavior. This assumption presupposes that Latinos are a relatively homogenous group, readily encompassed by clear ethnic boundaries and a shared sense of ethnic identity. In addition to presupposing a unidimensional “Latino” identity, it also presumes that Latino police officers share a common vision of …

A Police Probation Partnership: One City's Response To Serious Habitual Juvenile Offending, Kimberly D. Hassell

Student Work

The purpose of this study is to explore a police/probation collaboration in a large Western police department. While many of these collaborative approaches to crime and disorder have been formed, there has been scant empirical research conducted on their effectiveness. As such, this study explores the implementation and impact of a formal collaboration on both the police and probation departments, the juveniles targeted by the collaboration and the local juvenile justice system. In addition, this thesis addresses whether police and probation departments can maintain coordinating relationships to equitably, efficiently and effectively control delinquency in one Western city. This study is …

Spotting Money Launderers: A Better Way To Fight Organized Crime?, Diane Marie Amann

Scholarly Works

Money laundering investigations have been much in the news of late. There have been stories that Radil Salinas de Gortari laundered kickbacks from drug traffickers while his brother was President of Mexico. That Ferdinand Marcos stashed nearly half a billion dollars in Swiss banks while he ruled the Philippines. That two of Mexico's largest banks have pleaded guilty to laundering charges stemming from a controversial U.S. sting operation. That the former prime minister of Ukraine pleaded guilty to Swiss charges that he laundered $9 million in stolen funds, even as he faced U.S. charges of laundering $114 million. And, of …

Armstrong Academics Summer/Fall 2000, Armstrong Atlantic State University

Armstrong State University Collections: Armstrong Academics (Archived)

No abstract provided.