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Articles 1 - 11 of 11
Full-Text Articles in Law
Why Arizona V. Gant Is The Wrong Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz
Why Arizona V. Gant Is The Wrong Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
The Death Penalty For Child Rape: Why Texas May Help Louisiana, Adam M. Gershowitz
The Death Penalty For Child Rape: Why Texas May Help Louisiana, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
The Challenge Of Convicting Ethical Prosecutors That Their Profession Has A Brady Problem, Adam M. Gershowitz
The Challenge Of Convicting Ethical Prosecutors That Their Profession Has A Brady Problem, Adam M. Gershowitz
Adam M. Gershowitz
In recent decades, both the media and legal scholars have documented the widespread problem of prosecutors failing to disclose favorable evidence to the defense – so called Brady violations. Despite all of this documentation however, many ethical prosecutors reject the notion that the criminal justice system has a Brady problem. These prosecutors – ethical lawyers who themselves have not been accused of misconduct – believe that the scope of the Brady problem is exaggerated. Why do ethical prosecutors downplay the evidence that some of their colleagues have committed serious errors?
This essay, in honor of Professor Bennett Gershman, points to …
Statewide Capital Punishment: The Case For Eliminating Counties’ Role In The Death Penalty, Adam M. Gershowitz
Statewide Capital Punishment: The Case For Eliminating Counties’ Role In The Death Penalty, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Symposium: Surprising Unanimity, Even More Surprising Clarity, Adam M. Gershowitz
Symposium: Surprising Unanimity, Even More Surprising Clarity, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Prosecutorial Dismissals As Teachable Moments (And Databases) For The Police, Adam M. Gershowitz
Prosecutorial Dismissals As Teachable Moments (And Databases) For The Police, Adam M. Gershowitz
Adam M. Gershowitz
The criminal justice process typically begins when the police make a warrantless arrest. Although police usually do a good job of bringing in the “right” cases, they do make mistakes. Officers sometimes arrest suspects even though there is no evidence to prove an essential element of the crime. Police also conduct unlawful searches and interrogations. And officers make arrests in marginal cases—schoolyard fights are a good example—in which prosecutors do not think a criminal conviction is appropriate. Accordingly, prosecutors regularly dismiss cases after police have made warrantless arrests and suspects have sat in jail for days, or even weeks. In …
David Leon Riley V. State Of California And United States Of America V. Brima Wurie: Brief Of Amici Curiae Criminal Law Professors In Support Of Petitioner Riley And Respondent Wurie, Adam M. Gershowitz, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan
David Leon Riley V. State Of California And United States Of America V. Brima Wurie: Brief Of Amici Curiae Criminal Law Professors In Support Of Petitioner Riley And Respondent Wurie, Adam M. Gershowitz, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan
Adam M. Gershowitz
No abstract provided.
Criminal-Justice Apps: A Modest Step Toward Democratizing The Criminal Process, Adam M. Gershowitz
Criminal-Justice Apps: A Modest Step Toward Democratizing The Criminal Process, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Court Issues Sweeping Digital Privacy Ruling In Mass. Cell Phone Case, Anthony Brooks, Meghna Chakrabarti, Matthew Segal, Adam M. Gershowitz
Court Issues Sweeping Digital Privacy Ruling In Mass. Cell Phone Case, Anthony Brooks, Meghna Chakrabarti, Matthew Segal, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Constitutional Conversations: Cell Phone Searches And The Law, Paul Marcus, Adam M. Gershowitz
Constitutional Conversations: Cell Phone Searches And The Law, Paul Marcus, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
12 Unnecessary Men: The Case For Eliminating Jury Trials In Drunk Driving Cases, Adam M. Gershowitz
12 Unnecessary Men: The Case For Eliminating Jury Trials In Drunk Driving Cases, Adam M. Gershowitz
Adam M. Gershowitz
Over the last few decades, states have imposed tougher punishments on drunk drivers. This Article argues that increasing punishments is counterproductive. If legislatures are seeking to hold guilty offenders accountable and deter drunk driving, they should keep punishments low and instead abolish the right to jury trials. Under the petty offense doctrine, the Supreme Court has authorized states to abolish jury trials when defendants face a maximum sentence of six months’ incarceration. Social science evidence has long demonstrated that judges are more likely to convict than juries, particularly in drunk driving cases. And researchers have found that the certainty of …