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Articles 1 - 4 of 4
Full-Text Articles in Law
Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng
Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng
Faculty Scholarship
American system places these constraints on the age old criminal law question: “WHODUNIT?” This article explores these issues.
The Privilege Against Compelled Self-Incrimination, John O. Sonsteng
The Privilege Against Compelled Self-Incrimination, John O. Sonsteng
Faculty Scholarship
This article examines the fifth amendment right against compelled self-incrimination, as compared to principles in confession law. These two areas of law are not the same. In 1966, however, the Supreme Court decision of Miranda v. Arizona announced that many of the principles involved in confession law also implicated the fifth amendment privilege against compelled self-incrimination. The popular impact of Miranda has resulted in the equating of confession law with the fifth amendment privilege. This article examines the history of the fifth amendment privilege, its application, and how it can be distinguished from other, related areas of law.
Solving The Pretext Puzzle: The Importance Of Ulterior Motives And Fabrications In The Supreme Court's Fourth Amendment Pretext Doctrine, Edwin J. Butterfoss
Solving The Pretext Puzzle: The Importance Of Ulterior Motives And Fabrications In The Supreme Court's Fourth Amendment Pretext Doctrine, Edwin J. Butterfoss
Faculty Scholarship
This Article first analyzes the debate between Professors John M. Burkoff and James B. Haddad over the current state of Supreme Court jurisprudence on the pretext issue. It shows that the Supreme Court's definition of pretext is broader than the definition of pretext used by these commentators. The Supreme Court's definition includes both "legal" and fabricated pretexts. In a "legal" pretext, the government offers a justification that is not the true reason for the police activity, but that, if the motivation of the officer is not considered, legally justifies the activity. In a fabricated pretext, the government offers a justification …
Fourth Amendment Applicability, John O. Sonsteng
Fourth Amendment Applicability, John O. Sonsteng
Faculty Scholarship
A large percentage of fourth amendment litigation involves the issues of applicability to place, waiver/consent, and the reasonable expectation of privacy. Not one of these issues, however, has the remotest thing to do with the ultimate substance of the fourth amendment protection itself. They deal exclusively with the threshold question of whether the fourth amendment is even involved. Only if it is, do the actual requirements of the fourth amendment become material. This article examines the applicability of the fourth amendment prohibition against unreasonable search and seizures with respect to these common issues.