Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Privacy (4)
- Fourth Amendment (2)
- Search and seizure (2)
- Arrest (1)
- Bioethics (1)
-
- Consent (1)
- Criminal procedure (1)
- Cross-Gender Search (1)
- Cross-Sex Search (1)
- Cyberlaw (1)
- DNA databases (1)
- Databanks (1)
- Databases (1)
- Due process (1)
- E-mail (1)
- Electronic mail (1)
- Feminist Legal Theory (1)
- Force (1)
- Gender (1)
- ISP (1)
- Incarceration (1)
- Internet Service Provider (1)
- Mens rea (1)
- Nonconsent (1)
- Prisoner (1)
- Rape (1)
- Reasonable expectation of privacy (1)
- Search (1)
- Self-incrimination (1)
- Surveillance (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye
Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye
Journal Articles
This commentary on the article Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks, 67 Brook. L. Rev. 127 (2001), by Mark Rothstein and Sandra Carnahan, argues that the case for confining law enforcement DNA databases to noncoding loci and to samples from individuals convicted of violent crimes is quite weak.
It describes alternative approaches, including the possibility of a population-wide database; the privacy implications of the loci now used in forensic identification; the law governing DNA dragnets; and the limits on DNA databases imposed by recent cases on searches and seizures. It notes the …
The Constitutionality Of Dna Sampling On Arrest, David H. Kaye
The Constitutionality Of Dna Sampling On Arrest, David H. Kaye
Journal Articles
Every state now collects DNA from people convicted of certain offenses. Law enforcement authorities promote offender DNA databanking on the theory that it will identify offenders who commit additional crimes while or probation or parole, or after they have finished serving their sentences. Even relatively small databases have yielded such dividends. As these database searches uncover the perpetrators of rapes, murders, and other offenses, the pressure builds to expand the coverage of the databases.
Recent proposals call for extending not merely the scope of crimes for which DNA databanking would be used, but also the point at which the samples …
Rape And Force: The Forgotten Mens Rea, Kit Kinports
Rape And Force: The Forgotten Mens Rea, Kit Kinports
Journal Articles
In rape cases involving physical violence or express threats of physical harm, proof of the actus reus obviously does establish mens rea with respect to force as well as nonconsent. A defendant who beat or threatened to kill his victim could hardly raise a plausible argument that he did not know he was using force. But, in other circumstances, the defendant's mens rea vis-a-vis force may be less clear, and it may therefore make a difference whether a rape conviction requires proof that the defendant purposely intended to use force, or whether it is enough that he knew he was …
Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller
Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller
Journal Articles
The power of privacy is diminishing in the prison setting, and yet privacy is the legal theory prisoners rely upon most to resist searches by correctional officers. Incarcerated women in particular rely upon privacy to shield them from the kind of physical contact that male guards have been known to abuse. The kind of privacy that protects prisoners from searches by guards of the opposite sex derives from several sources, depending on the factual circumstances. Although some form of bodily privacy is embodied in the First, Fourth, Eighth, and Fourteenth Amendments, prisoners challenging the constitutionality of cross-gender searches most commonly …
Chasing Bits Across Borders, Patricia L. Bellia
Chasing Bits Across Borders, Patricia L. Bellia
Journal Articles
As computer crime becomes more widespread, countries increasingly confront difficulties in securing evidence stored in electronic form outside of their borders. These difficulties have prompted two related responses. Some states have asserted a broad power to conduct remote cross-border searches - that is, to use computers within their territory to access and examine data physically stored outside of their territory. Other states have pressed for recognition of a remote cross-border search power in international fora, arguing that such a power is an essential weapon in efforts to combat computer crime. This Article explores these state responses and develops a framework …
Transgressing The Border Between Protection And Empowerment For Domestic Violence Victims And Older Children: Empowerment As Protection In The Foster Care System, Susan Vivian Mangold
Transgressing The Border Between Protection And Empowerment For Domestic Violence Victims And Older Children: Empowerment As Protection In The Foster Care System, Susan Vivian Mangold
Journal Articles
No abstract provided.