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- Keyword
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- Accuracy; airport; alert; canine; dog; false alert; Fourth Amendment; government interest; handler; handler cue; home; illegal substance; inaccurate; inaccurate alert; individual’s interest; K9; pat down; pedestrian; police; police dog; privacy; probable cause; public safety; reasonable expectation of privacy; reasonable suspicion; scent; search; seizure; smell; sniff; standardized training; target odor; threshold; vehicle; warrant; California v. Acevedo; Florida v. Jardines (1)
- Bail; pretrial detention; pretrial release; supervised release; equal protection; Fourteenth Amendment; equal justice under law; law and policy reform; law and justice (1)
- Elements; means; elements test; removal; deportation; criminal procedure; criminal law; immigration; Breyer; Kagan; Descamps; Mathis; Taylor; categorical approach; modified categorical approach; divisibility; juror agreement; ACCA; Armed Career Criminal Act; recidivism; Apprendi; constitutional avoidance; sentencing enhancement; federal sentencing; crimmigration (1)
- Ineffective assistance of counsel; criminal law; criminal defense attorneys; criminal justice; professional responsibility; AEDPA; habeas; Sixth Amendment; Strickland v. Washington (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Finally, A True Elements Test: Mathis V. United States And The Categorical Approach, Rebecca Sharpless
Finally, A True Elements Test: Mathis V. United States And The Categorical Approach, Rebecca Sharpless
Brooklyn Law Review
The fate of defendants facing lengthy federal sentence enhancements often turns on what the U.S. Supreme Court calls the categorical approach. The approach controls whether a federal defendant might face an additional decade or longer in prison based solely on having prior convictions of a certain type. At a time when many question the wisdom of mass incarceration, the Court has taken great care to delimit the circumstances in which a federal sentencing judge can lengthen sentences based on recidivism. The categorical approach also governs most immigration cases involving deportation for a crime. As Congress has cut back deportation defenses …
“Lucky” Adnan Syed: Comprehensive Changes To Improve Criminal Defense Lawyering And Better Protect Defendants’ Sixth Amendment Rights, Meredith J. Duncan
“Lucky” Adnan Syed: Comprehensive Changes To Improve Criminal Defense Lawyering And Better Protect Defendants’ Sixth Amendment Rights, Meredith J. Duncan
Brooklyn Law Review
Almost twenty years ago, seventeen years old and accused of murder, Adnan Syed was deprived of his Sixth Amendment right to the effective assistance of counsel at trial and sentenced to life in prison. The reality is that Syed is just another casualty of the criminal justice system’s tolerance of poor defense lawyering. The substandard quality of legal representation highlighted in Syed’s case continues to harm countless defendants nationwide, and the promise of effective assistance of counsel for the accused remains unfulfilled due to a combination of factors. This article suggests comprehensive changes to certain aspects of the criminal justice …
Pricing Justice: The Wasteful Enterprise Of America's Bail System, Liana M. Goff
Pricing Justice: The Wasteful Enterprise Of America's Bail System, Liana M. Goff
Brooklyn Law Review
This note contributes to the growing national consensus about the need to reduce the population of low-income defendants who are detained pretrial due to their inability to afford bail. It documents the efforts undertaken by certain state actors to mitigate the harmful consequences of wealth-based pretrial systems and critiques the so-called alternatives to cash bail—namely, supervised release programs. This note suggests that lawmakers eliminate the role of finances and incarceration in pretrial procedure altogether and recommends an approach to criminal procedure that is based not only on heuristic methods of measuring cost and benefit but also normative principles of good …
Who Let The Dogs Out—And While We’Re At It, Who Said They Could Sniff Me?: How The Unregulated Street Sniff Threatens Pedestrians’ Privacy Rights, Jacey Lara Gottlieb
Who Let The Dogs Out—And While We’Re At It, Who Said They Could Sniff Me?: How The Unregulated Street Sniff Threatens Pedestrians’ Privacy Rights, Jacey Lara Gottlieb
Brooklyn Law Review
The Fourth Amendment affords United States citizens the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Throughout the last two centuries, the Supreme Court has developed extensive case law that has created a somewhat formulaic approach to determining whether one’s Fourth Amendment rights have been violated—namely, the “reasonable expectation of privacy” test. The Court has applied this test to afford the home, vehicle, airport, and the pedestrian all varying levels of privacy rights, and has upheld most of these respective levels of privacy in the context of the police canine sniff. The …