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Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports Jan 2016

Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports

Kit Kinports

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, …


Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports Jan 2016

Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports

Kit Kinports

After describing the basic legal and policy issues surrounding the qualified immunity defense and the use of novelty to explain procedural defaults in habeas cases, Part I of this article advocates a standard for both types of cases that asks whether a person exercising reasonable diligence in the same circumstances would have been aware of the relevant constitutional principles. With this standard in mind, Part II examines the qualified immunity defense in detail, concluding that in many cases public officials are given immunity even though they unreasonably failed to recognize the constitutional implications of their conduct. Part III compares the …


Ontario (Attorney General) V. $29, 020 In Canadian Currency: A Comment On Proceeds Of Crime And Provincial Civil Forfeiture Laws, Michelle Gallant Dec 2005

Ontario (Attorney General) V. $29, 020 In Canadian Currency: A Comment On Proceeds Of Crime And Provincial Civil Forfeiture Laws, Michelle Gallant

Michelle Gallant

Many provinces are embracing a modern approach to crime control, an approach which uses civil proceedings, primarily a device known as forfeiture, to tackle criminal activity. The strategy targets the financial underpinnings of crime, the proceeds or the assets linked to illegal activity. It effectively gives the public actor the ability to use civil actions to recover financial resources tainted by criminality.

New to provincial law, this convergence of civil proceedings and crime, of civil forfeiture and the financial element of crime, invites obvious questions about the consistency of this approach with constitutional norms. On the jurisdictional front, there is …


Comment, Presumptions And Due Process: Congress Attacks Organized Crime, Robert Power Dec 1972

Comment, Presumptions And Due Process: Congress Attacks Organized Crime, Robert Power

Robert C Power

No abstract provided.