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Full-Text Articles in Law

Why Use A Hammer When A Scalpel Will Do? Suggestions For Fairer Juvenile Plea Bargaining In Kentucky, Aaron Wallace Meek Jan 2020

Why Use A Hammer When A Scalpel Will Do? Suggestions For Fairer Juvenile Plea Bargaining In Kentucky, Aaron Wallace Meek

Kentucky Law Journal

No abstract provided.


Recognized Right Or Open Question? An Exploration Of Johnson And Its Progeny, Richard Simpson Jan 2019

Recognized Right Or Open Question? An Exploration Of Johnson And Its Progeny, Richard Simpson

Kentucky Law Journal

No abstract provided.


How To Instruct The Jury On Stipulations Of Fact In Federal Criminal Cases, Linsey K. Hogg Jan 2018

How To Instruct The Jury On Stipulations Of Fact In Federal Criminal Cases, Linsey K. Hogg

Kentucky Law Journal

No abstract provided.


Expanding Reach: The Importance Of Batson V. Kentucky Thirty Years On, Melynda J. Price J.D., Ph.D. Jan 2017

Expanding Reach: The Importance Of Batson V. Kentucky Thirty Years On, Melynda J. Price J.D., Ph.D.

Kentucky Law Journal

No abstract provided.


A Call To Criminal Courts: Record Rules For Batson, Catherine M. Grasso, Barbara O'Brien Jan 2017

A Call To Criminal Courts: Record Rules For Batson, Catherine M. Grasso, Barbara O'Brien

Kentucky Law Journal

No abstract provided.


Governmental Acquiescence In Private Party Searches: The State Action Inquiry And Lessons From The Federal Circuits, Eugene L. Shapiro Jan 2016

Governmental Acquiescence In Private Party Searches: The State Action Inquiry And Lessons From The Federal Circuits, Eugene L. Shapiro

Kentucky Law Journal

In an area characterized by a significant potential for governmental abuse, judicial examination of whether governmental acquiescence in a specific private party search constitutes state action, consequently subject to Fourth Amendment constraints, has often lacked appropriate focus and depth. An examination of the standards used among the federal circuits reveals prevalent approaches which identify the circumstances bearing upon the matter, but which address them under "multi-factored" totality of the circumstances standards. The result has too often been a lack of specificity in discussing the issues and a failure to provide needed clarity for law enforcement.

This article examines the analyses ...


Batson V. Kentucky Reflections Inspired By A Podcast, Nancy S. Marder Jan 2016

Batson V. Kentucky Reflections Inspired By A Podcast, Nancy S. Marder

Kentucky Law Journal

An episode of More Perfect, a podcast devoted to the US. Supreme Court, focused on Batson v. Kentucky, which just marked its thirtieth anniversary. This podcast serves as the starting point for reflections on Batson v. Kentucky, a case in which the Court maintained the peremptory challenge while trying to eliminate discriminatory peremptory challenges. The podcast contributes to our understanding of Batson in several ways. First, it allows listeners to hear from participants in the case and how they viewed their situation at the time. Second, it considers whether Batson has been effective in ridding jury selection of race-based peremptory ...


The Use Of False Dna Evidence To Gain A Confession During Interrogation Is Classic Coercion: Why Such Coerced Confessions Should Not Be Admissible In A Criminal Trial, Andrea Reed Jan 2016

The Use Of False Dna Evidence To Gain A Confession During Interrogation Is Classic Coercion: Why Such Coerced Confessions Should Not Be Admissible In A Criminal Trial, Andrea Reed

Kentucky Law Journal

No abstract provided.


Text Me: A Text-Based Interpretation Of 28 U.S.C. § 2255(E), Jennifer L. Case Jan 2014

Text Me: A Text-Based Interpretation Of 28 U.S.C. § 2255(E), Jennifer L. Case

Kentucky Law Journal

No abstract provided.


Closing The Door On Subjective Reasonableness: Evaluating Police-Created Exigencies And The Issues With The Doctrinal Shift To Objectivity In Warrantless Searches, Gordon L. Mowen Ii Jan 2013

Closing The Door On Subjective Reasonableness: Evaluating Police-Created Exigencies And The Issues With The Doctrinal Shift To Objectivity In Warrantless Searches, Gordon L. Mowen Ii

Kentucky Law Journal

No abstract provided.


Toward A Common Law Of Plea Bargaining, Wesley Macneil Oliver Jan 2013

Toward A Common Law Of Plea Bargaining, Wesley Macneil Oliver

Kentucky Law Journal

No abstract provided.


Reconsidering State Parole Board Membership Requirements In Light Of Model Penal Code Sentencing Revisions, Stefan J. Bing Jan 2012

Reconsidering State Parole Board Membership Requirements In Light Of Model Penal Code Sentencing Revisions, Stefan J. Bing

Kentucky Law Journal

No abstract provided.


Drawing The Line At Pushing "Play": Barring Video Montages As Victim Impact Evidence At Capital Sentencing Trials, Alicia N. Harden Jan 2011

Drawing The Line At Pushing "Play": Barring Video Montages As Victim Impact Evidence At Capital Sentencing Trials, Alicia N. Harden

Kentucky Law Journal

No abstract provided.


Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky, Emily M. Grant Jan 2011

Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky, Emily M. Grant

Kentucky Law Journal

No abstract provided.


The Disregarding Of The Rehabilitative Spirit Of Juvenile Codes: Addressing Resentencing Hearings In Blended Sentencing Schemes, Grace Shear Jan 2010

The Disregarding Of The Rehabilitative Spirit Of Juvenile Codes: Addressing Resentencing Hearings In Blended Sentencing Schemes, Grace Shear

Kentucky Law Journal

No abstract provided.


Deferring Ineffectiveness Claims To Collateral Review: Ensuring Equal Access And A Right To Appointed Counsel, Thomas M. Place Jan 2009

Deferring Ineffectiveness Claims To Collateral Review: Ensuring Equal Access And A Right To Appointed Counsel, Thomas M. Place

Kentucky Law Journal

No abstract provided.


The Undiscovered Country: Execution Competency & Comprehending Death, Jeffrey L. Kirchmeier Jan 2009

The Undiscovered Country: Execution Competency & Comprehending Death, Jeffrey L. Kirchmeier

Kentucky Law Journal

No abstract provided.


Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson Jan 2009

Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Turning Jails Into Prisons--Collateral Damage From Kentucky's "War On Crime", Robert G. Lawson Jan 2006

Turning Jails Into Prisons--Collateral Damage From Kentucky's "War On Crime", Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires Jan 2005

Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires

Kentucky Law Journal

No abstract provided.


Through The Looking-Glass At The Brady Doctrine: Some New Reflections On White Queens, Hobgoblins, And Due Process, Eugene Cerruti Jan 2005

Through The Looking-Glass At The Brady Doctrine: Some New Reflections On White Queens, Hobgoblins, And Due Process, Eugene Cerruti

Kentucky Law Journal

No abstract provided.


Actually Less Guilty: The Extension Of The Actual Innocence Exception To The Sentencing Phase Of Non-Capital Cases, Matthew Mattingley Jan 2004

Actually Less Guilty: The Extension Of The Actual Innocence Exception To The Sentencing Phase Of Non-Capital Cases, Matthew Mattingley

Kentucky Law Journal

No abstract provided.


Does Apprendi V. New Jersey Change The Standard Of Proof In Criminal Forfeiture Cases?, Stefan D. Cassella Jan 2001

Does Apprendi V. New Jersey Change The Standard Of Proof In Criminal Forfeiture Cases?, Stefan D. Cassella

Kentucky Law Journal

No abstract provided.


Informing Capital Juries About Parole: The Effect On Life Or Death Decisions, C. Lindsey Morrill Jan 2001

Informing Capital Juries About Parole: The Effect On Life Or Death Decisions, C. Lindsey Morrill

Kentucky Law Journal

No abstract provided.


Acting Without "Just Cause": An Analysis Of The Ninth Circuit's Decision In United States V. Symington, James R. Coltharp Jr. Jan 2000

Acting Without "Just Cause": An Analysis Of The Ninth Circuit's Decision In United States V. Symington, James R. Coltharp Jr.

Kentucky Law Journal

No abstract provided.


Harris V. Commonwealth: The Use Of "Statutory" Aggravating Circumstances In Kentucky's Sentencing Procedure, Melissa Bartlett Jan 1998

Harris V. Commonwealth: The Use Of "Statutory" Aggravating Circumstances In Kentucky's Sentencing Procedure, Melissa Bartlett

Kentucky Law Journal

No abstract provided.


Nuñez-Rodriguez And A Defendant's Acceptance Of Responsibility: A Jailbreak From The Confinement Of The Federal Sentencing Guidelines?, John N. Winstead Jan 1997

Nuñez-Rodriguez And A Defendant's Acceptance Of Responsibility: A Jailbreak From The Confinement Of The Federal Sentencing Guidelines?, John N. Winstead

Kentucky Law Journal

No abstract provided.


The Battered Woman Syndrome And The Kentucky Criminal Justice System: Abuse Excuse Or Legitimate Mitigation?, Sue E. Mcclure Jan 1996

The Battered Woman Syndrome And The Kentucky Criminal Justice System: Abuse Excuse Or Legitimate Mitigation?, Sue E. Mcclure

Kentucky Law Journal

No abstract provided.


Sommers V. Commonwealth: An Indigent Criminal Defendant's Right To Publicly Funded Expert Assistance Other Than The Assistance Of Counsel, Karla C. Mcgrath Jan 1995

Sommers V. Commonwealth: An Indigent Criminal Defendant's Right To Publicly Funded Expert Assistance Other Than The Assistance Of Counsel, Karla C. Mcgrath

Kentucky Law Journal

No abstract provided.


In Defense Of The Outrageous Government Conduct Defense In The Federal Courts, Dana M. Todd Jan 1995

In Defense Of The Outrageous Government Conduct Defense In The Federal Courts, Dana M. Todd

Kentucky Law Journal

No abstract provided.