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Full-Text Articles in Law
From No Means No To Only Yes Means Yes: The Rational Results Of An Affirmative Consent Standard In Rape Law, Nicholas J. Little
From No Means No To Only Yes Means Yes: The Rational Results Of An Affirmative Consent Standard In Rape Law, Nicholas J. Little
Vanderbilt Law Review
2003 saw the arrest of the star basketball player Kobe Bryant on charges of forcing a woman to have sex with him, charges that were dropped in 2004. This arrest is perhaps the most prominent in what has become a sordid procession of public shame: the charging of professional athletes with crimes of sexual assault. As is common in rape charges, neither party denies that the sex took place. Instead the argument is based on whether the woman consented to it. In the apology Bryant issued that led to the dismissal of the charges, he admits that "[a]lthough I truly …
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 …
The Civilization Of The Criminal Law, Christopher Slobogin
The Civilization Of The Criminal Law, Christopher Slobogin
Vanderbilt Law Review
The boundaries of the criminal justice system are eroding. A vast amount of relatively innocuous behavior is now criminalized. The line between criminal penalties and administrative sanctions is dissolving, as criminal law relaxes its mens rea requirements and government bureaucracies aggressively pursue regulatory violations. Distinctions between criminal and civil forfeiture, contempt, and deportation proceedings have been vanishingly subtle for some time. Perhaps the most serious assault on the integrity of today's criminal justice system, however, is the increasing prominence of the "dangerousness criterion" as justification for confinement by the government. Governmental deprivations of liberty have usually been the province of …
The Role Of Prosecutors In Serving Justice After Convictions, Fred C. Zacharias
The Role Of Prosecutors In Serving Justice After Convictions, Fred C. Zacharias
Vanderbilt Law Review
It is an old saw that prosecutors have both an ethical and a legal obligation to "do justice." The contours of that obligation, however, are not well defined. This Article addresses one particularly neglected aspect of the obligation: prosecutors' ethical duty to serve justice after convictions are complete. Prosecutorial justice issues seem to arise less frequently after conviction than at trial. Prosecutorial discretion is at its height in the postconviction context because legislators and professional code drafters have not focused on postconviction issues. Freed from binding legal constraints, prosecutors have avoided deep consideration of how their general obligation to serve …