Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Impact Of Joinder And Severance On Federal Criminal Cases: An Empirical Study, Andrew D. Leipold, Hossein A. Abbasi
The Impact Of Joinder And Severance On Federal Criminal Cases: An Empirical Study, Andrew D. Leipold, Hossein A. Abbasi
Vanderbilt Law Review
Dave is in trouble. It was bad enough to be arrested for bank robbery; now he has learned that the prosecutor plans to join the current charge with three other, unrelated bank robberies and present all four counts in a single trial. To his priest and to his lawyer, Dave admits that he committed the first and the second robberies, but he did not commit the third or fourth. Dave is smart enough to realize, however, that once the jury starts hearing evidence of some of the crimes-all of which will sound quite similar-his ability to cast doubt on the …
Reasonable Suspicion And Mere Hunches, Craig S. Lerner
Reasonable Suspicion And Mere Hunches, Craig S. Lerner
Vanderbilt Law Review
In Terry v. Ohio, Earl Warren held that police officers could temporarily detain a suspect, provided that they relied upon "specific, reasonable inferences," and not simply upon an "inchoate and unparticularized suspicion or 'hunch."' Since Terry, courts have strained to distinguish "reasonable suspicion," which is said to arise from the cool analysis of objective and particularized facts, from "mere hunches," which are said to be subjective, generalized, unreasoned and therefore unreliable. Yet this dichotomy between facts and intuitions is built on sand. Emotions and intuitions are not obstacles to reason, but indispensable heuristic devices that allow people to process diffuse, …