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Criminal Procedure

2014

Institution
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Articles 571 - 580 of 580

Full-Text Articles in Law

Wrongful Convictions, Policing, And The 'Wars On Crime And Drugs', Hannah Laqueur, Stephen Rushin, Jonathan Simon Dec 2013

Wrongful Convictions, Policing, And The 'Wars On Crime And Drugs', Hannah Laqueur, Stephen Rushin, Jonathan Simon

Jonathan S Simon

Wrongful conviction ought to be an aberration for any system of criminal punishment tied to legal adjudication; certainly in a system such as we have in the United States, premised on the constitutional bedrock of requiring a jury to find guilt beyond a reasonable doubt (Sandstrom v. Montana). We suggest, however, that during the so-called wars on crime and drugs, wrongful convictions are no longer mere aberrations, any more than is holding to the end of hostilities captured members of an enemy army. Specifically, we hypothesize that these two "fronts" in two parallel national "wars" have transformed police practices in …

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The Hunting Of Man: Lies, Damn Lies, And Police Interrogations, Miller W. Shealy Jr. Dec 2013

The Hunting Of Man: Lies, Damn Lies, And Police Interrogations, Miller W. Shealy Jr.

Miller W. Shealy Jr.

No abstract provided.

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4. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Petition For Cert.), Thomas D. Lyon Dec 2013

4. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Petition For Cert.), Thomas D. Lyon

Thomas D. Lyon

No abstract provided.

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Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira P. Robbins Dec 2013

Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira P. Robbins

Ira P. Robbins

Strangers come into a child's room in the middle of the night, drag her kicking and screaming into a van, apply handcuffs, and drive her to a behavior modification facility at a distant location. What sounds like a clear-cut case of kidnapping is complicated by the fact that the child's parents not only authorized this intervention, but also paid for it. This scarcely publicized practice-known as the youth-transportation industry-operates on the fringes of existing law. The law generally presumes that parents have almost unlimited authority over their children, but the youth-transportation industry has never been closely examined regarding exactly what …

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Last Words: A Survey And Analysis Of Federal Judges' Views On Allocution In Sentencing, Ira P. Robbins Dec 2013

Last Words: A Survey And Analysis Of Federal Judges' Views On Allocution In Sentencing, Ira P. Robbins

Ira P. Robbins

Allocution-the penultimate stage of a criminal proceeding at which the judge affords defendants an opportunity to speak their last words before sentencing-is a centuries-old right in criminal cases, and academics have theorized about the various purposes it serves. But what do sitting federal judges think about allocution? Do they actually use it to raise or lower sentences? Do they think it serves purposes above and beyond sentencing? Are there certain factors that judges like or dislike in allocutions? These questions-and many others-are answered directly in this first-ever study of judges' views and practices regarding allocution. The authors surveyed all federal …

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The Price Is Wrong: Reimbursement Of Expenses For Acquitted Criminal Defendants, Ira P. Robbins Dec 2013

The Price Is Wrong: Reimbursement Of Expenses For Acquitted Criminal Defendants, Ira P. Robbins

Ira P. Robbins

"Not guilty" these two simple words elicit intense relieffrom any defendant at the conclusion qf a criminal trial. As one harrowing ordeal ends, however, a new one inevitably takes shape: picking up the pieces of a life shattered physically, emotionally, and, for non- indigent defendants, financially. Where do defendants who have successfully defended themselves against criminal prosecution turn for assistance in paying the debts incurred in securing their freedom? 

Some states, as well as the federal government, have implemented laws that allow acquitted defendants to seek public reimbursement of certain legal expenses they incurred in their defense. These reimbursement methods …

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A Dedication To Andrew E. Taslitz: “It’S All About The Egyptians,” And Maybe Tinkerbell Too, Stephen E. Henderson Dec 2013

A Dedication To Andrew E. Taslitz: “It’S All About The Egyptians,” And Maybe Tinkerbell Too, Stephen E. Henderson

Stephen E Henderson

This brief memorial remembers Andy's incredible friendship and service, and explains why this Symposium volume is so appropriately dedicated to his memory.

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Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson Dec 2013

Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson

Stephen E Henderson

"Secrets are lies. Sharing is caring. Privacy is theft." So concludes the main character in Dave Egger’s novel The Circle, in which a single company that unites Google, Facebook, and Twitter – and on steroids – has the ambition not only to know, but also to share, all of the world's information. It is telling that a current dystopian novel features not the government in the first instance, but instead a private third party that, through no act of overt coercion, knows so much about us. This is indeed the greatest risk to privacy in our day, both the unprecedented …

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Reforming The Grand Jury To Protect Privacy In Third Party Records, Stephen E. Henderson, Andrew E. Taslitz Dec 2013

Reforming The Grand Jury To Protect Privacy In Third Party Records, Stephen E. Henderson, Andrew E. Taslitz

Stephen E Henderson

In late 2014, two grand juries returned controversial no bill decisions in police killings, one in Ferguson, Missouri, and one in New York City. These outcomes have renewed calls for grand jury reform, and whatever one thinks of these particular processes and outcomes, such reform is long overdue. One logical source of reform to better respect privacy in records, which would have incidental benefits beyond this privacy focus, would be the newly enacted American Bar Association Standards for Criminal Justice on Law Enforcement Access to Third Party Records (LEATPR).

But LEATPR exempts from its requirements access to records via a …

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Wrongful Convictions, Policing, And The 'Wars On Crime And Drugs', Hannah Laqueur, Stephen Rushin, Jonathan Simon Dec 2013

Wrongful Convictions, Policing, And The 'Wars On Crime And Drugs', Hannah Laqueur, Stephen Rushin, Jonathan Simon

Jonathan S Simon

Wrongful conviction ought to be an aberration for any system of criminal punishment tied to legal adjudication; certainly in a system such as we have in the United States, premised on the constitutional bedrock of requiring a jury to find guilt beyond a reasonable doubt (Sandstrom v. Montana). We suggest, however, that during the so-called wars on crime and drugs, wrongful convictions are no longer mere aberrations, any more than is holding to the end of hostilities captured members of an enemy army. Specifically, we hypothesize that these two "fronts" in two parallel national "wars" have transformed police practices in …

Go to article

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