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Full-Text Articles in Law
Constitutional Limits On The Imposition And Revocation Of Probation, Parole, And Supervised Release After Haymond, Nancy J. King
Constitutional Limits On The Imposition And Revocation Of Probation, Parole, And Supervised Release After Haymond, Nancy J. King
Vanderbilt Law School Faculty Publications
In its Apprendi line of cases, the Supreme Court has held that any fact found at sentencing (other than prior conviction) that aggravates the punishment range otherwise authorized by the conviction is an "element" that must be proved beyond a reasonable doubt to a jury. Whether Apprendi controls factfinding for the imposition and revocation of probation, parole, and supervised release is critically important. Seven of ten adults under correctional control in the United States are serving terms of state probation and post-confinement supervision, and roughly half of all prison admissions result from revocations of such terms. But scholars have yet …
Cartel Criminalization In Europe: Addressing Deterrence And Institutional Challenges, Francesco Ducci
Cartel Criminalization In Europe: Addressing Deterrence And Institutional Challenges, Francesco Ducci
Vanderbilt Journal of Transnational Law
This Article analyzes cartel criminalization in Europe from a deterrence and institutional perspective. First, it investigates the idea of criminalization by putting it in perspective with the more general question of what types of sanctions a jurisdiction might adopt against collusive behavior. Second, it analyzes the institutional element of criminalization by (1) discussing the compatibility of administrative enforcement with the potential de facto criminal nature of administrative fines under European law and (2) evaluating the trade-offs between an administrative and a criminal model of enforcement. Although a "panoply" of sanctions against both corporations and individuals may be necessary under a …
Predictive Due Process And The International Criminal Court, Samuel C. Birnbaum
Predictive Due Process And The International Criminal Court, Samuel C. Birnbaum
Vanderbilt Journal of Transnational Law
The International Criminal Court (ICC) operates under a regime of complementarity: a domestic state prosecution of a defendant charged before the ICC bars the Court from hearing the case unless the state is unable or unwilling to prosecute the accused. For years, scholars have debated the role of due process considerations in complementarity. Can a state that has failed to provide the accused with adequate due process protections nonetheless bar a parallel ICC prosecution? One popular view, first expressed by Professor Kevin Jon Heller, holds that due process considerations do not factor into complementarity and the ICC could be forced …
Eyewitnesses And Exclusion, Brandon L. Garrett
Eyewitnesses And Exclusion, Brandon L. Garrett
Vanderbilt Law Review
The dramatic moment when an eyewitness takes the stand and points to the defendant in the courtroom can be pivotal in a criminal trial. That piece of theater, however compelling to jurors, is staged: it is obvious where the defendant is sitting, and, importantly, the memory of the eyewitness should have been tested before trial using photo arrays or lineups. Such courtroom displays have been accepted for so long that their role in the U.S. Supreme Court's due process jurisprudence regulating eyewitness identifications has been neglected. The due process test that regulates tens of thousands of eyewitness identifications each year …
Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman
Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman
Vanderbilt Law Review
The Supreme Court decided five Miranda1 cases in 2003-2004, making this one of the most active fifteen-month periods for the law of self-incrimination since the controversial case was decided in 1966. In this Article, we consider three of those five cases-Chavez v. Martinez, Missouri v. Seibert and United States v. Patane-along with the blockbuster decision four years ago in Dickerson v. United States. in an attempt to decipher what, if anything, this remarkable level of activity teaches us about the direction of the Court's self-incrimination jurisprudence. In the end, while these cases, like those before them, may not entirely clarify …
Due Process Rights Of Parents And Children In International Child Abductions, Dorothy C. Daigle
Due Process Rights Of Parents And Children In International Child Abductions, Dorothy C. Daigle
Vanderbilt Journal of Transnational Law
Rising divorce rates in recent years have led to increasingly frequent abductions of children by one parent away from the other parent. Often, abducting parents move the children to different jurisdictions in which the parents believe they can obtain a more favorable decision on custody. To remedy this problem, twenty-nine nations joined in 1980 to adopt the Hague Convention on the Civil Aspects of International Child Abduction. This Convention mandates the immediate return, upon request, of the abducted child to the state of habitual residence of the child. The Convention includes several limited exceptions to this mandate, applicable at the …
Recent Decisions, Robert L. Morgan, Sybil C. Peyer
Recent Decisions, Robert L. Morgan, Sybil C. Peyer
Vanderbilt Journal of Transnational Law
TREATY ON THE EXECUTION OF PENAL SENTENCES--Federal Court is not Precluded from Using Mexican Conviction as Evidence of Prior Conduct in Enhancing Subsequent Sentence, United States v. Fleishman, 684 F.2d1329 (9th Cir. 1982).
The instant decision examines for the first time two significant issues surrounding the repatriation of United States prisoners from Mexico under TEPS: the legality of prisoner challenges to the collateral effects of a Mexican conviction and the use of a Mexican conviction to enhance a subsequent sentence. By refusing to extend the Rosado holding to preclude "collateral effects" challenges, the instant court wisely recognized the importance of …
Emerging Standards In Supreme Court Double Jeopardy Analysis, Clifford R. Ennico
Emerging Standards In Supreme Court Double Jeopardy Analysis, Clifford R. Ennico
Vanderbilt Law Review
The purposes of this Recent Development are as follows: to identify and evaluate recent modifications in the Court's double jeopardy analysis, to propose that the Court's 1977 Term double jeopardy standards dilute the double jeopardy protection previously afforded to criminal defendants, and to suggest that the Court should permit a broader scope of appellate review in double jeopardy cases.
Federal Double Jeopardy Policy, Jay A. Sigler
Federal Double Jeopardy Policy, Jay A. Sigler
Vanderbilt Law Review
The fifth amendment provision against double jeopardy is one of the basic protections afforded defendants by the United States Constitution. Its roots are found in early common law,' and the policies which it represents have been gradually defined by federal courts to meet various situations of inequality in the position of a criminal defendant confronted by federal prosecuting attorneys. Presently the double jeopardy provision is not incorporated by the fourteenth amendment as a restriction upon state action, but this condition may not prevail much longer. Should double jeopardy become incorporated into the "due process" clause of the fourteenth amendment, states …
The Dilemma Of The Directed Acquittal, Richard H. Winningham
The Dilemma Of The Directed Acquittal, Richard H. Winningham
Vanderbilt Law Review
Some of the worst abuses of state criminal due process, the author believes, result from anachronistic and artificial restraints which prevent the trial judge from directing acquittals. Therefore,he advocates for all states a uniform policy and practice recognizing and authorizing directed acquittals where the evidence is legally insufficient to support a conviction.
Unconvicting The Innocent, Richard C. Donnelly
Unconvicting The Innocent, Richard C. Donnelly
Vanderbilt Law Review
"Innocent Man is Unable to Clear Record after 7 1/2 Years in Prison. Under this headline, the New York Times recently reported the courthouse tragedy of Nathan Kaplan, 49-year-old salesman.' Mr. Kaplan's brush with the law began on September 28, 1937, when the Federal Government indicted him under the name of Nathan Kaplan, alias "Kitty," for the sale of heroin to a government undercover agent. Although he vigorously proclaimed his innocence from the day of his arrest, he did not take the witness stand at his trial. He was represented by able counsel and other due process requirements were fully …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Law Review
CHARLES EVANS HUGHES AND THE SUPREME COURT
By Samuel Hendel
New York: King's Crown Press, 1951. Pp. 337
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DUE PROCESSES OF LAW
By Virginia Wood
Baton Rouge: Louisiana State University Press, 1951. Pp. 436. $6.00.
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LEGAL AID IN THE UNITED STATES
By Emery A. Brownell
Rochester: The Lawyers Co-operative Publishing Co., 1951. Pp. 333. $4.50.
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LEVIATHAN AND NATURAL LAW
By F. Lyman Windolph
Princeton: Princeton University Press, 1951. Pp. 147. $2.50.
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OIL AND LAW
Articles reprinted from the Texas Law Review
Austin:Texas Law Review, 1951. Pp. 1736. Bound copies $15.00, unbound copies $12.00.
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