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Full-Text Articles in Arts and Humanities
True Blue? Whether Police Should Be Allowed To Use Trickery And Deception To Extract Confessions, Laure Hoffman Roppe
True Blue? Whether Police Should Be Allowed To Use Trickery And Deception To Extract Confessions, Laure Hoffman Roppe
San Diego Law Review
This Comment addresses whether or not, and if so, to what extent, police should be allowed to use trickery and deception to extract confessions from criminal suspects. It surveys the deceitful interrogation tactics included in the term "trickery" and summarizes the psychology of confessions. Major developments in the law regarding coerced confessions are analyzed and the author explores the policy arguments for and against the use of deception in police interrogations. The author recommends the prohibition of specific forms of trickery and offers an analytical approach as to whether a confession is admissible.
An Index And Table Of Contents To The Ali Reporters' Study On Enterprise Responsibility For Personal Injury, Jeffrey O'Connell, Alexander S. Glovsky
An Index And Table Of Contents To The Ali Reporters' Study On Enterprise Responsibility For Personal Injury, Jeffrey O'Connell, Alexander S. Glovsky
San Diego Law Review
In 1986, the American Law Institute (ALI) published a report to analyze and appraise the state of the tort system and to recommend reform. This study lacked crucial aids that could make it more accessible: it was devoid of any index and the table of contents did not contain any subheadings. The authors of this Article created an index and a comprehensive table of contents, in order to make the report more "user friendly." This Article contains a brief description of the 1986 ALI Reporter's Study, followed by an expanded table of contents and an index.
Deference, Tolerance, And Numbers: A Response To Professor Wright's View Of The Sentencing Commission, Kevin Cole
Deference, Tolerance, And Numbers: A Response To Professor Wright's View Of The Sentencing Commission, Kevin Cole
San Diego Law Review
The United States Sentencing Commission promulgates the Federal Sentencing Guidelines, which greatly constrain judicial discretion in choosing the sentence for federal crimes. One commentator, Professor Ronald Wright, has argued that the willingness of the courts and Congress to defer to a guideline promulgated by the Commission should depend on whether the Commission has justified the guideline by reference to empirical evidence. This Article explores the theoretical and practical difficulties of giving such effect to empirical justifications.
The Economics Of Federalism And The Proper Scope Of The Federal Commerce Power, Jacques Leboeuf
The Economics Of Federalism And The Proper Scope Of The Federal Commerce Power, Jacques Leboeuf
San Diego Law Review
The study of the economics of federalism has emerged as a distinct field. While the insights of that study have been applied in understanding the logic behind the dormant commerce clause, they have not been used in analyzing the affirmative scope of the federal commerce power. The author suggests that the economics of federalism can provide both a justification for and a limitation upon the federal commerce power. Specifically, he suggests that the federal government ought to be able to regulate only those areas of commerce where state regulation would be inefficient due to externalities. Furthermore, he argues, this conception …