Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Aggravating factor (1)
- Bifurcated trial (1)
- Child (1)
- Crawford v. Washington (1)
- Criminal law (1)
-
- Criminal prosecutions (1)
- Domestic violence (1)
- Exceptional sentence (1)
- Fifth Amendment (1)
- Fourth Amendment (1)
- Grand jury (1)
- Judicial advisory (1)
- Parent (1)
- Participating victim (1)
- Power and control dynamics (1)
- Privilege (1)
- Prosecutor (1)
- S.B. 5477 (1)
- Search (1)
- Seizure (1)
- Self-incrimination (1)
- Sentencing (1)
- Telephone conversations (1)
- Vicarious consent (1)
- Victimless domestic violence (1)
- Washington State Constitution Article 1 Section 7 (1)
- Washington v. Blakely (1)
- Wiretap (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Should Parents Be Allowed To Record A Child's Telephone Conversations When They Believe The Child Is In Danger?: An Examination Ofthe Federal Wiretap Statute And The Doctrine Of Vicarious Consent In The Context Of A Criminal Prosecution, Daniel R. Dinger
Seattle University Law Review
This Article addresses the little-used but important doctrine of vicarious consent; in particular, the Article argues that the doctrine should be more widely accepted by the criminal courts. Part II gives a brief overview of the federal wiretap statute, its state law counterparts, and the doctrine of vicarious consent that has emerged as courts have interpreted federal and state wiretap legislation. Part III addresses the doctrine's viability and, as referenced above, argues that it should be accepted by the criminal courts. Specifically, Part III argues that when a parent records a child's telephone conversations with a third party out of …
Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries
Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries
Seattle University Law Review
The article explores the Crawford decision in the context of victimless prosecutions. Part II discusses current trends in victimless domestic violence prosecution and the power and control dynamics of domestic violence relationships, including how these dynamics relate to, and create the need for, victimless prosecutions. Part III discusses the Crawford decision. Part IV explores possible interpretations of Crawford within the context of victimless domestic violence prosecutions. Part V explains why courts should interpret Crawford in a way that allows prosecutors to continue to prosecute batterers without a participating victim.
Misuse Of The Grand Jury: Forcing A Putative Defendant To Appear And Plead The Fifth Amendment, Aaron M. Clemens
Misuse Of The Grand Jury: Forcing A Putative Defendant To Appear And Plead The Fifth Amendment, Aaron M. Clemens
Seattle University Law Review
This article considers the propriety of an indictment of a person who was subpoenaed to testify before a grand jury at which the person invoked the Fifth Amendment privilege against self-incrimination on any questions relevant to the investigation and where the government knew that this person would assert the privilege. Part I explores the prosecutor's power to secure evidence and present it the grand jury. Part II describes how the Fifth Amendment's privilege against self-incrimination limits the prosecutor's power to secure evidence and present it to the grand jury. Part III applies the privilege to a situation where a prosecutor …
An Exceptional Case: How Washington Should Amend Its Procedure For Imposing An Exceptional Sentence In Response To Blakely V. Washington, Jason Amala, Jason Laurine
An Exceptional Case: How Washington Should Amend Its Procedure For Imposing An Exceptional Sentence In Response To Blakely V. Washington, Jason Amala, Jason Laurine
Seattle University Law Review
This article reviews the Blakely decision and the Washington Legislature's response in S.B. 5477. Part II discusses the problem that Blakely created for Washington's sentencing guidelines system. Part III analyzes the judicial advisory and bifurcated trial proposals and explains why Washington wisely adopted the bifurcated trial approach. Part IV identifies key issues that are raised by using a bifurcated trial and analyzes how S.B. 5477 addresses, or fails to address, those issues. Finally, Part V concludes by suggesting that the legislature should have provided for the following in its bill responding to the Blakely decision: a provision allowing bifurcation for …
Survey Of Washington Search And Seizure Law: 2005 Update, Justice Charles W. Johnson
Survey Of Washington Search And Seizure Law: 2005 Update, Justice Charles W. Johnson
Seattle University Law Review
This article serves as a source to which the Washington lawyer, judge, law enforcement officer, and others can turn to as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, revisions to the law and new cases interpreting the Washington Constitution and the United States Constitution require periodic updates to this Survey to reflect the current state of the law. Many of these cases involve the Washington Supreme Court's interpretation of the Washington Constitution. Also, as the United States Supreme Court has continued to examine Fourth Amendment search and …