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Full-Text Articles in Law
The More Things Change: An Analysis Of Recent Fourth Amendment Jurisprudence, Robert Vaughn
The More Things Change: An Analysis Of Recent Fourth Amendment Jurisprudence, Robert Vaughn
History and Government Faculty Publications
Perhaps no Constitutional amendment gets tried and tested more than the Fourth Amendment. Each year, thousands of criminal defendants bring legal challenges to the proceedings against them rooted in claimed Fourth Amendment violations. Changing technology and its use fuels a large part of this as new technology intersects with individual privacy in new ways. An oft heard argument in Fourth Amendment jurisprudence is that the Fourth Amendment must change in order to keep up with the progress of time and societal change. Through an analysis of recent case law examining Fourth Amendment protections and technology, this article concludes that the …
Plea Bargaining, Sentence Modifications, And The Real World, Julian A. Cook
Plea Bargaining, Sentence Modifications, And The Real World, Julian A. Cook
Scholarly Works
This article examines the 2011 Supreme Court decision in United States v. Freeman. At issue was whether defendants, such as Freeman, who enter a guilty plea pursuant to a binding plea agreement, are entitled to seek a modification of their sentence when the guideline range applicable to their offense has subsequently been lowered by the United States Sentencing Commission. By a five-to-four vote, the Court found that Freeman was eligible to seek a sentence reduction. However, as the article explains, the concurring and controlling opinion of Justice Sotomayor may ultimately prove to be problematic for criminal defendants generally and for …