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Articles 1 - 10 of 10

Full-Text Articles in Law

A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein Dec 2014

A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Confessions, Criminals, And Community, Sheri Lynn Johnson Dec 2014

Confessions, Criminals, And Community, Sheri Lynn Johnson

Sheri Lynn Johnson

No abstract provided.


Is It Admissible?: Tips For Criminal Defense Attorneys On Assessing The Admissibility Of A Criminal Defendant's Statements, Part One, John Blume, Emily Paavola Dec 2014

Is It Admissible?: Tips For Criminal Defense Attorneys On Assessing The Admissibility Of A Criminal Defendant's Statements, Part One, John Blume, Emily Paavola

John H. Blume

This article addresses the Fifth Amendment issues to be considered when analyzing the admissibility of a criminal defendant's out-of-court statements.


The Illusory Eighth Amendment, John F. Stinneford Dec 2014

The Illusory Eighth Amendment, John F. Stinneford

John F. Stinneford

Although there is no obvious doctrinal connection between the Supreme Court’s Miranda jurisprudence and its Eighth Amendment excessive punishments jurisprudence, the two are deeply connected at the level of methodology. In both areas, the Supreme Court has been criticized for creating “prophylactic” rules that invalidate government actions because they create a mere risk of constitutional violation. In reality, however, both sets of rules deny constitutional protection to a far greater number of individuals with plausible claims of unconstitutional treatment than they protect. This dysfunctional combination of over- and underprotection arises from the Supreme Court’s use of implementation rules as a …


Court Of Appeals Of New York, People V. Paulman, Michele Kligman Nov 2014

Court Of Appeals Of New York, People V. Paulman, Michele Kligman

Touro Law Review

No abstract provided.


Double Jeopardy: A Resentencing Game, Deirdre Cicciaro Nov 2014

Double Jeopardy: A Resentencing Game, Deirdre Cicciaro

Touro Law Review

No abstract provided.


Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen Aug 2014

Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen

James L. Kainen

The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …


Supreme Court, Bronx County, People V. Buari, Matthew Moisan May 2014

Supreme Court, Bronx County, People V. Buari, Matthew Moisan

Touro Law Review

No abstract provided.


Supreme Court Of New York, Bronx County, People V. Womack, Barry M. Frankenstein May 2014

Supreme Court Of New York, Bronx County, People V. Womack, Barry M. Frankenstein

Touro Law Review

No abstract provided.


Finding The Foregone Conclusions Of Encryption, Timothy A. Wiseman Mar 2014

Finding The Foregone Conclusions Of Encryption, Timothy A. Wiseman

Timothy A Wiseman

Encryption is commonly used to protect private information, for both legitimate and illegitimate reasons. Courts have been struggling to determine when, within the bounds of the Fourth and Fifth Amendments, the Courts may compel a defendant in a criminal case to decrypt their data.

This article argues that a broad use of the Forgone Conclusion doctrine would permit the Courts to order a defendant to decrypt their data when the prosecution can show with reasonable particularity the existence and location of the encrypted documents, that they are likely to be incriminating, and that the government can authenticate them without the …