Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (614)
- Criminal Procedure (436)
- Criminal Law (308)
- Constitutional Law (102)
- Courts (40)
-
- Law Enforcement and Corrections (39)
- Evidence (33)
- Law and Race (32)
- Fourth Amendment (31)
- Jurisprudence (31)
- Law and Society (30)
- Civil Rights and Discrimination (28)
- Comparative and Foreign Law (27)
- State and Local Government Law (24)
- International Law (21)
- Social and Behavioral Sciences (21)
- Law and Psychology (19)
- Legal Ethics and Professional Responsibility (19)
- Legal Profession (17)
- Judges (16)
- Law and Politics (16)
- Supreme Court of the United States (16)
- Legal History (15)
- Legal Studies (15)
- Criminology and Criminal Justice (14)
- Legal Education (11)
- Human Rights Law (10)
- Legislation (9)
- Civil Procedure (8)
- Juvenile Law (8)
- Institution
-
- American University Washington College of Law (63)
- Maurer School of Law: Indiana University (42)
- University of Colorado Law School (35)
- Duke Law (27)
- Southern Methodist University (24)
-
- Boston University School of Law (21)
- New York Law School (21)
- Columbia Law School (20)
- Washington and Lee University School of Law (19)
- Fordham Law School (16)
- Louisiana State University Law Center (16)
- University of Oklahoma College of Law (15)
- Texas A&M University School of Law (14)
- West Virginia University (14)
- University of Georgia School of Law (13)
- Pepperdine University (12)
- Vanderbilt University Law School (12)
- University of Maryland Francis King Carey School of Law (10)
- University of Michigan Law School (10)
- Case Western Reserve University School of Law (9)
- Mitchell Hamline School of Law (8)
- Notre Dame Law School (8)
- University of Missouri School of Law (8)
- Florida State University College of Law (7)
- Penn State Dickinson Law (7)
- University of Maine School of Law (7)
- University of Richmond (7)
- BLR (6)
- St. Thomas University College of Law (6)
- University of Baltimore Law (6)
- Publication Year
- Publication
-
- Faculty Scholarship (90)
- Scholarly Articles in Law Reviews & Journals (35)
- Publications (33)
- Articles by Maurer Faculty (28)
- Faculty Journal Articles and Book Chapters (23)
-
- Faculty Publications (22)
- Articles & Chapters (21)
- Faculty Articles (16)
- Louisiana Law Review (16)
- West Virginia Law Review (14)
- American University Law Review (13)
- Articles (12)
- Washington and Lee Law Review (12)
- Indiana Law Journal (11)
- Journal Articles (11)
- Pepperdine Law Review (11)
- Scholarly Works (11)
- Case Western Reserve Law Review (8)
- Law and Contemporary Problems (8)
- Fordham Urban Law Journal (7)
- Law Faculty Publications (7)
- All Faculty Scholarship (6)
- ExpressO (6)
- Fordham Law Review (6)
- Law Faculty Scholarship (6)
- Maine Law Review (6)
- Maryland Law Review (6)
- St. Thomas Law Review (6)
- Vanderbilt Law School Faculty Publications (6)
- GW Law Faculty Publications & Other Works (5)
- Publication Type
Articles 451 - 480 of 638
Full-Text Articles in Entire DC Network
Voluntariness With A Vengeance: Miranda And A Modern Alternative, Jonathan B. Zeitlin
Voluntariness With A Vengeance: Miranda And A Modern Alternative, Jonathan B. Zeitlin
St. Thomas Law Review
One of the most famous opinions in American jurisprudence is that of the United States Supreme Court in the case of Miranda v. Arizona. The Court's prophylactic rule in Miranda has been followed in both state and federal courts with little derogation for over thirty years. On February 8, 1999, in Dickerson v. United States, the United States Court of Appeals for the Fourth Circuit ignored Miranda, turning instead to 18 U.S.C. § 3501, a relatively obscure federal statute enacted in 1968 in response to the Court's decision in Miranda. The United States Supreme Court granted certiorari and heard oral …
Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye
Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye
Faculty Scholarship
This commentary on the article Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks, 67 Brook. L. Rev. 127 (2001), by Mark Rothstein and Sandra Carnahan, argues that the case for confining law enforcement DNA databases to noncoding loci and to samples from individuals convicted of violent crimes is quite weak.
It describes alternative approaches, including the possibility of a population-wide database; the privacy implications of the loci now used in forensic identification; the law governing DNA dragnets; and the limits on DNA databases imposed by recent cases on searches and seizures. It notes the …
Criminal Procedure: Tenth Circuit Erroneously Allows Officers' Intentions To Define Reasonable Searches: United States V. Carey, Jim Dowell
Oklahoma Law Review
No abstract provided.
"Apprendi" And Plea Bargaining, Nancy J. King, Susan Riva Klein
"Apprendi" And Plea Bargaining, Nancy J. King, Susan Riva Klein
Vanderbilt Law School Faculty Publications
Before "Apprendi", prosecutors using recidivism as a club could, and did, regularly insist that defendants admit aggravating facts as part of the plea or face additional time. When the prosecutor's threats of added time were not persuasive and the proof of aggravating facts weak, the defendant prior to "Apprendi" could refuse to admit to the aggravating fact, and plead guilty only to the offense without the aggravating fact. Nothing about "Apprendi" gives additional leverage to the prosecutor in this situation. A defendant who, prior to "Apprendi", decided to risk trial rather than face the aggravated sentence will make the same …
The Intersection Of Two Systems: An American On Trial For An American Murder In The French Cour D'Assises, Renée Lettow Lerner
The Intersection Of Two Systems: An American On Trial For An American Murder In The French Cour D'Assises, Renée Lettow Lerner
GW Law Faculty Publications & Other Works
This study discusses a murder case in France's trial court for the most serious crimes, the Cour d'assises. The case was highly unusual because the person on trial was an American, accused of having murdered other Americans in the United States. For reasons given below, cases in which crimes committed in the United States are tried abroad are likely to become more common. This study describes how such a case proceeds, including some of the difficulties that can arise from combining two investigations controlled by very different systems of procedure. An advice section is given for American prosecutors and defense …
Sentencing Eddie, Gerard E. Lynch
Sentencing Eddie, Gerard E. Lynch
Faculty Scholarship
The mandatory minimum sentences attached to federal narcotics violations have come in for plenty of criticism. The United States Sentencing Commission in 1991 submitted a lengthy report critical of the mandatory minimum provisions. A political protest organization, Families Against Mandatory Minimums, has been formed, and has gotten some media attention. Newspaper columnists,professional commentators, judges, and academics, have criticized the statutes. Amidst the controversy over President Clinton's last-minute pardons of various offenders, his pardons of a number of marginal defendants sentenced to lengthy terms under these statutes have drawn little or no objection. Even Chief Justice Rehnquist, a strong voice for …
Sentencing Decisions : The Public View Of The Effects Of Consequences Of Crime, Offender Remorse And Type Of Crime, Jodie S. Wright
Sentencing Decisions : The Public View Of The Effects Of Consequences Of Crime, Offender Remorse And Type Of Crime, Jodie S. Wright
Theses: Doctorates and Masters
The Australian justice system is based in a conventional model of justice with the aim of uniformity in sentencing. It is important to ascertain public opinion on the relevance of different factors to be taken into account at sentencing as accurately as possible, in order to provide informed public opinion which may assist policy makers in making legislation or educating the public on these matters. The current study examined the impact of varying levels of victim harm (high or low) and offender remorse (high or low) for both person and property crimes on sentencing decisions made by both male (n …
The Remarkable Career Of Joe Grano, Robert A. Sedler
The Remarkable Career Of Joe Grano, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann
Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann
Scholarly Works
Throughout the world, a trend toward a shared - a constitutional - criminal procedure may be detected. It is evident in common-law, civil-law, and mixed systems: individual states like China adopt laws promising once-alien concepts like a presumption of innocence, even as supranational bodies like the International Tribunal for the former Yugoslavia debate how to adapt certain norms to a hybrid structure. Some have suggested that such developments may herald a harmonic convergence of criminal procedure rules. This Article examines the likelihood of such a convergence. It establishes as a keynote around which harmony may develop the model of constitutional …
Seducing The Target: Sexual Intercourse As Outrageous Government Conduct, Rachael Urbansky
Seducing The Target: Sexual Intercourse As Outrageous Government Conduct, Rachael Urbansky
Case Western Reserve Law Review
No abstract provided.
Apres Apprendi, Nancy J. King, Susan R. Klein
Apres Apprendi, Nancy J. King, Susan R. Klein
Vanderbilt Law School Faculty Publications
The Court in Apprendi v. New Jersey, ___ U.S. ___ (2000), held as a matter of due process that any fact, other than a prior conviction, that increases the penalty for an offense beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt. In a longer forthcoming article, we attempt to answer some of the profound questions raised by the case concerning constitutional oversight of legislative authority to define what is a "crime," questions that will ripen over the years as legislatures look for ways around the rule and litigants test these legislative …
Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard Harcourt
Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard Harcourt
Faculty Scholarship
The October 1999 Term was a year of consolidation in the law of police investigations in constitutional criminal procedure. In four short and compact opinions – three supported by sizeable majorities and three written by the Chief Justice – the Supreme Court synthesized and consolidated its criminal procedure jurisprudence, and offered clear guidance to law enforcement officers and private citizens alike. Miranda warnings are required by the Fifth Amendment, and the police must continue to "Mirandize" citizens before conducting any custodial interrogations. Reasonable suspicion under the Fourth Amendment calls for a totality-of-the-circumstances test, and a citizen's flight from the police …
The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff
The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff
Law and Contemporary Problems
Duff describes and discusses the Scottish criminal jury. While the exact origins of the Scottish criminal jury are obscure, it is clear that it developed in tandem with, although in a different fashion from, its English counterpart.
The American Criminal Jury, Nancy Jean King
The American Criminal Jury, Nancy Jean King
Law and Contemporary Problems
King describes the American criminal jury, focusing on those aspects of the institution that distinguish it from juries in other parts of the world.
Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman
Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman
Law and Contemporary Problems
The recent history of juries in Australia reveals an interesting clash between the endeavours of state and territory governments to reduce the costs associated with jury trial by various means and the determination of the High Court of Australia to reassert the traditional values and features of jury trial.
Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman
Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman
Law and Contemporary Problems
Thaman compares the provisions of the 1993 Russian Jury Law with the 1995 Spanish Jury Law, focusing on the effect of their implementation and reintroduction of the classic jury system on current problems.
Federal Jurisdiction Over Juveniles: Who Decides , Alicia K. Embley
Federal Jurisdiction Over Juveniles: Who Decides , Alicia K. Embley
Missouri Law Review
Because of the increase in the number and severity of violent crimes committed by juveniles, public demand for harsher penalties and proceedings for young offenders also increases each year.2 Congress has responded to the public outcry by enacting numerous pieces of legislation that mandate federal juvenile accountability. This legislation represents a drastic departure from the federal government's traditional policy of leaving juvenile justice affairs to the states. One of the many congressional acts in the past decades confers federal jurisdiction upon prosecution of juveniles who commit serious violent or drug related crimes if the United States Attorney certifies that the …
Justice For The Forgotten And Despised, David C. Leven
Justice For The Forgotten And Despised, David C. Leven
Touro Law Review
No abstract provided.
Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports
Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports
Faculty Scholarship
When Justice Blackmun was nominated to the Court in 1970, Americans were consumed with the idea of crime control. In the 1968 presidential campaign, Richard Nixon had called the Supreme Court "soft on crime" and had promised to "put 'law and order' judges on the Court." While sitting on the Eighth Circuit, the Justice had "seldom struck down searches, seizures, arrests or confessions," and most of his opinions in criminal cases had "affirmed guilty verdicts and sentences." Thus, according to one commentator, Justice Blackmun seemed to be "exactly what Nixon was looking for: a judge who believed in judicial restraint, …
Sidestepping Scott: Modifying Criminal Discovery In Alaska, Cameron J. Williams
Sidestepping Scott: Modifying Criminal Discovery In Alaska, Cameron J. Williams
Alaska Law Review
No abstract provided.
Is Miranda Dead, Was It Overruled, Or Is It Irrelevant, Alfredo Garcia
Is Miranda Dead, Was It Overruled, Or Is It Irrelevant, Alfredo Garcia
St. Thomas Law Review
This Article will proceed in three stages. Part I will provide the historical, social, and political backdrop to the Miranda opinion. It will discuss the pragmatic basis for the path that the Court chose to follow in Miranda. Part II will underscore the attempts to overrule Miranda and the Court's almost instant departure from its doctrinal foundation. In doing so, the argument is that the Court's retreat can be viewed in large measure as a reaction to the negative response the opinion engendered, both politically and socially. It also can be viewed as the logical outcome of the Court's need …
Prosecutorial Readiness, Speedy Trial And The Absent Defendant: Has New York's 25 Year Dilemma Finally Been Resolved, Abraham Abramovsky, Jonathan I. Edelstein
Prosecutorial Readiness, Speedy Trial And The Absent Defendant: Has New York's 25 Year Dilemma Finally Been Resolved, Abraham Abramovsky, Jonathan I. Edelstein
Touro Law Review
No abstract provided.
Criminal Procedure: Walker V. State--Dooming Challenges To Appellate Counsel's Effectiveness, Jennifer Golm
Criminal Procedure: Walker V. State--Dooming Challenges To Appellate Counsel's Effectiveness, Jennifer Golm
Oklahoma Law Review
No abstract provided.
The American "Adversary System"?, William T. Pizzi
Pretrial Detention In The Ninth Circuit, Thomas Bak
Pretrial Detention In The Ninth Circuit, Thomas Bak
San Diego Law Review
In 1992, the Judicial Conference of the United States ("JCUS") adopted a resolution encouraging the examination of bias based on race, ethnicity, gender, age and disability in the federal judiciary. The Ninth Circuit responded to the JCUS resolution with a study of gender bias, completed in 1993.2 Subsequently, the Ninth Circuit Judicial Conference authorized a second study, establishing the Task Force on Racial, Religious, and Ethnic Fairness in 1993.' This study of pretrial detention in the Ninth Circuit was undertaken as part of the research commissioned by the Task Force.
Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson
Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
A Descriptive Analysis Of Magisterial Remand Custody Orders For Offenders Who Receive A Non-Custodial Sentence Outcome, Maeve B. Barry
A Descriptive Analysis Of Magisterial Remand Custody Orders For Offenders Who Receive A Non-Custodial Sentence Outcome, Maeve B. Barry
Theses : Honours
When an offender receives a non-custodial sentence following remand custody then concerns must be raised that the pre-trial remand imprisonment was unnecessary and improper, with judicial, economic and humanitarian consequences that run counter to the philosophical and legislative expectations of a democratic justice system. This study analysed the use of remand custody orders over a six month charge period, by magistrates in Western Australia, to determine what proportion of offenders spent time in remand custody prior to receiving a noncustodial sentence. The results indicate that magistrates use the remand custody facility as a "short, sharp shock" to deter future offending, …
Sex Offender Commitments: Debunking The Official Narrative And Revealing The Rules-In-Use, Eric S. Janus
Sex Offender Commitments: Debunking The Official Narrative And Revealing The Rules-In-Use, Eric S. Janus
Faculty Scholarship
Sex offender commitment laws present courts with a difficult choice: either allow creative efforts to prevent sexual violence or enforce traditional constitutional safeguards constraining the power of the state to deprive citizens of their Iiberty. Three state supreme courts have deflected this hard choice while upholding sex offender commitment schemes. As part of their ""official narrative"" that legitimizes sex offender commitments, the courts claim that society can have prevention and still maintain the primacy of the criminal justice system. This narrative neutralizes the conflict in values by claiming that sex offender commitments are just like mental illness commitments, a small, …
An American Prosecutor's View Of Romanian Criminal Justice, James A. Goldston
An American Prosecutor's View Of Romanian Criminal Justice, James A. Goldston
Touro Law Review
No abstract provided.
The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley
The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.