Law Commons^™

The Gatehouses And Mansions: 50 Years Later, Richard Leo, K. Alexa Koenig

Richard A. Leo

In 1965, Yale Kamisar authored “Equal Justice in the Gatehouses and Mansions of American Criminal Procedure,” an article that would come to have an enormous impact on the development of criminal procedure and American norms of criminal justice. Today, that article is a seminal work of scholarship, hailed for “playing a significant part in producing some of the [Warren] Court’s most important criminal-procedure decisions” (White 2003-04), including Miranda v. Arizona. The most influential concept Kamisar promoted may have been his recognition of a gap that loomed between the Constitutional rights actualized in mansions (courts) versus gatehouses (police stations). Kamisar passionately …

“Intelligence” Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power

Robert C. Power

No abstract provided.

Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead

Tamar R Birckhead

Courts and legislatures have long been reluctant to make use of the data, findings, and recommendations generated by other disciplines when determining questions of legal procedure affecting juveniles, particularly when the research has been produced by social scientists. However, given the United States Supreme Court’s recent invocation of developmental psychology in Roper v. Simmons, which invalidated the juvenile death penalty, there is reason to believe that such resistance is waning. In 2005 the Simmons Court found, inter alia, that based on research on adolescent development, juveniles are not as culpable as adults and, therefore, cannot be classified among the “worst …

Fair Process And Fair Play: Professionally Responsible Cross-Examination, John F. Nivala

John F. Nivala

No abstract provided.

Secret Indictments: How To Discourage Them, How To Make Them Fair, John T. Stinson

John T Stinson Jr.

This article reveals an overlooked problem in federal criminal procedure that permits the government to indict individuals in secret and stall prosecutions to the detriment of fundamental rights. Constitutional and statutory protections ensure that criminal prosecutions in America are swift, open, and subject to thorough confrontational testing. Rule 6 of the Federal Rules of Criminal Procedure, however, permits the open-ended cloaking of criminal indictments following an ex parte government request for a seal. Court interpretations of Rule 6 sealing have further eroded fundamental protections by declaring that a showing of substantial prejudice by a criminal defendant will be the only …

Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini

Brian Gallini

Toward A Feminist State: What Does Effective Prosecution Of Domestic Violence Mean?, Michelle Dempsey

Michelle Madden Dempsey

This article examines domestic violence criminal prosecutions and addresses what effective prosecutorial action means in such cases. The argument elaborates on a point recently articulated by the UN Special Rapporteur on Violence against Women, which links effective prosecution of violence against women to the creation of a less patriarchal society. The article concludes that effective prosecution of domestic violence means prosecution which constitutes the State as less patriarchal ceteris paribus

New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm

James W. Diehm

Medical Investigation Of Suspects By The Police, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Case Note: The Court Of Appeal's Lack Of Jurisdiction To Reopen Appeals: Abdullah Bin A Rahman V Public Prosecutor [[1994] 3 Slr [Singapore Law Reports] 129, Ca]; Lim Choon Chye V Public Prosecutor [[1994] 3 Slr 135, Ca], Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

It is ironic that Abdullah bin A Rahman v PP and Lim Choon Chye v PP were decided in the aftermath of the Birmingham Six, Guildford Four and Maguire Seven cases from the United Kingdom. As in these cases, Abdullah and Lim Choon Chye highlight a serious flaw in our criminal justice system: there appears to be no appropriate way to correct miscarriages of justice. The purpose of this case note is to set out the conclusions reached by the Court of Appeal and to suggest directions for the future.

Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson

David Aaronson

No abstract provided.

A Handbook On Sentencing, Brian Slattery

Brian Slattery