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Criminal Law

Selected Works

2008

Constitutional Law

Articles 1 - 7 of 7

Full-Text Articles in Law

Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom Oct 2013

Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom

Robert Bloom

No abstract provided.

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Equal Sentences For Unequal Participation: Should The Eighth Amendment Allow All Juvenile Murder Accomplices To Receive Life Without Parole?, Brian Gallini Sep 2008

Equal Sentences For Unequal Participation: Should The Eighth Amendment Allow All Juvenile Murder Accomplices To Receive Life Without Parole?, Brian Gallini

Brian Gallini

No court has addressed the constitutional significance of sentencing juvenile murder accomplices who play a minimal role in the underlying killing to life in prison without parole. Indeed, no precedent makes clear whether it is cruel and unusual to impose that sentence on juvenile offenders convicted of first-degree murder pursuant to either the felony-murder doctrine or an accomplice theory of liability, notwithstanding their minimal involvement in the victim’s death. To investigate this unanswered question, Part I of this Article explores the imposition of life without parole sentences on juvenile non-killers convicted of murder via either the felony-murder doctrine or accomplice …

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The Torture Of Sami Al Arian, C. Peter Erlinder Mar 2008

The Torture Of Sami Al Arian, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

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The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel Jan 2008

The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel

David B Kopel

The U.S. Supreme Court's decision in District of Columbia v. Heller constitutionalized the right of self-defense, and described self-defense as a natural, inherent right. Analysis of natural law in Heller shows why Justice Stevens' dissent is clearly incorrect, and illuminates a crucial weakness in Justice Breyer's dissent. The constitutional recognition of the natural law right of self-defense has important implications for American law, and for foreign and international law.

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Yick Wo And The Constitutional Regulation Of Criminal Law, Darryl K. Brown Jan 2008

Yick Wo And The Constitutional Regulation Of Criminal Law, Darryl K. Brown

Darryl K. Brown

This comment on Jack Chin's revisionist account of the U.S. Supreme Court's Yick Wo decision elaborates on the history of and reasons for the Court's longstanding refusal to develop constitutional doctrines that limit the substantive reach of criminal law.

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Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom Dec 2007

Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom

Robert M. Bloom

No abstract provided.

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Establishing Separate Criminal And Civil Evidence Codes, John J. Capowski Dec 2007

Establishing Separate Criminal And Civil Evidence Codes, John J. Capowski

John J. Capowski

This article suggests that the Federal Rules of Evidence (Rules) should be separated into distinct criminal and civil evidence codes. The arguments for this separation are both practical and theoretical, and this article is the first comprehensive discussion of this proposed separation.

The most important of the arguments for bifurcation is that our current unified evidence code leads to inappropriate admission decisions. These inappropriate admission decisions most often occur when the interpretation of a rule in a criminal case is applied in later civil law cases. This result is in part because our rules, and their interpretations, are transubstantive; they …

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