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Articles 1 - 15 of 15
Full-Text Articles in Law
A Fiduciary Principle Of Policing, Stephen R. Galoob
A Fiduciary Principle Of Policing, Stephen R. Galoob
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Introduction To Symposium On Policing And Political Philosophy, Stephen R. Galoob, Jake Monaghan
Introduction To Symposium On Policing And Political Philosophy, Stephen R. Galoob, Jake Monaghan
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Rights Should Not Vary Based On Offense Severity, Russell L. Christopher
Rights Should Not Vary Based On Offense Severity, Russell L. Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
Some constitutional rights of criminal procedure apply unequally, varying based on offense (or punishment) severity. Of these, some vary proportionally, attaching or strengthening as offense severity increases. For example, the Sixth Amendment guarantees the rights to appointed counsel for indigents and jury trial for defendants charged with any felony but only some misdemeanors. In contrast, other rights are inversely proportional. For example, the strength or applicability of some aspects of the Fourth Amendment right against unreasonable searches and seizures and the Eighth Amendment right against excessive bail decrease as offense severity increases. This Article examines whether such rights should vary …
Climbing The Mountain Of Criminal Procedure: Comparative Legal Procedure, Stephen R. Galoob
Climbing The Mountain Of Criminal Procedure: Comparative Legal Procedure, Stephen R. Galoob
Articles, Chapters in Books and Other Contributions to Scholarly Works
Book review of Comparative Criminal Procedure (Jacqueline E. Ross & Stephen C. Thaman eds., Edward Elgar, 2016)
Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher
Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
Do the Sixth Amendment rights to appointed counsel and jury trial unconstitutionally conflict with defendants' other constitutional rights? For indigents charged with felonies, Gideon v. Wainwright guarantees the right to appointed counsel; for misdemeanors, Scott v. Illinois limits the right to indigents receiving the most severe authorized punishment-imprisonment. Duncan v. Illinois limits the right to jury trial to defendants charged with serious offenses. Consequently, the greater the jeopardy faced by defendants, the greater the eligibility for appointed counsel and jury trial. But defendants' other constitutional rights generally facilitate just the oppositeminimizing jeopardy by reducing charges, lessening the likelihood of guilt, …
Retributivism And Criminal Procedure, Stephen Galoob
Retributivism And Criminal Procedure, Stephen Galoob
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Involuntarily Committed Patients As Prisoners, Matt Lamkin, Carl Elliott
Involuntarily Committed Patients As Prisoners, Matt Lamkin, Carl Elliott
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Inconsistent Rationales For Capital Punishment Plus, Russell Christopher
Inconsistent Rationales For Capital Punishment Plus, Russell Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Absurdity And Excessively Delayed Executions, Russell Christopher
Absurdity And Excessively Delayed Executions, Russell Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell Christopher
The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Penalizing And Chilling An Indigent's Exercise Of The Right To Appointed Counsel For Misddemeanors, Russell Christopher
Penalizing And Chilling An Indigent's Exercise Of The Right To Appointed Counsel For Misddemeanors, Russell Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
From the Symposium: Fifty Years of Gideon: The Past, Present, and Future of the Right to Counsel.
Death Delayed Is Retribution Denied, Russell Christopher
Death Delayed Is Retribution Denied, Russell Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
Does death row incarceration for upwards of thirty years or more impermissibly impose the suffering of additional punishment or permissibly bestow the benefit of death delayed and thus the enjoyment of life extended? Most commentators conceive of it as an unconstitutional additional punishment that is either cruel and unusual or disproportionally excessive. Most courts construe it as a constitutional nonpunishment that the death row prisoner opts for and benefits from. Sparking a long-running debate at the Supreme Court, Justices Stevens and Breyer view prolonged death row incarceration as unconstitutional additional punishment. Terming their view as “meritless” and “a mockery of …
Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin
Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin
Articles, Chapters in Books and Other Contributions to Scholarly Works
Colleges and universities have long been scrutinized and confronted with lawsuits regarding safety and security measures designed and implemented to protect students and prevent dangerous incidents on campus. Under the doctrine of in loco parentis, college administrators assume responsibility for the physical safety and well-being of students as they matriculate through their academic programs. However, in recent decades, the realization that university communities are not immune to criminal activity has led to federal legislation and judicial opinions that have attempted to identify what legal duty colleges and universities have to prevent security breaches. Moreover, college and university administrators have looked …
Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams
Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
The Secret Foreign Bank Account And Legitimate Alternatives, Charles W. Adams
The Secret Foreign Bank Account And Legitimate Alternatives, Charles W. Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
The author, a member of the California State Bar and consultant, Euro-Dutch Trust Company, George Town, Grand Cayman, B. W. I., labels the use of the secret foreign bank account "foolish and lazy." He suggests that the taxpayer can reduce his tax bite through tax deferral planning, an area in which legislation has been continued and expanded.