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Second Thoughts On Damages For Wrongful Convictions, Lawrence Rosenthal
Second Thoughts On Damages For Wrongful Convictions, Lawrence Rosenthal
Lawrence Rosenthal
After the DNA-inspired wave of exonerations of recent years, there has been widespread support for expanding the damages remedies available to those who have been wrongfully accused or convicted. This article argues that the case for providing such compensation is deeply problematic under the justificatory theories usually advanced in support of either no-fault or fault-based liability. Although a regime of strict liability is sometimes thought justifiable to as a means of creating an economic incentive to scale back conduct thought highly likely to produce social losses, it is far from clear that the risk of error is so high in …
Pragmatism, Originalism, Race And The Case Against Terry V. Ohio, Lawrence Rosenthal
Pragmatism, Originalism, Race And The Case Against Terry V. Ohio, Lawrence Rosenthal
Lawrence Rosenthal
Perhaps no decision of the United States Supreme Court concerning the Fourth Amendment’s prohibition on “unreasonable search and seizure” has come in for more criticism than Terry v. Ohio, in which the Supreme Court concluded that even absent probable cause to arrest, a brief detention and protective search of an individual comports with the Fourth Amendment “where a police officer observes unusual conduct which leads him reasonably to conclude that criminal activity may be afoot and that the person with whom he is dealing may be armed and presently dangerous . . .” Terry is frequently denounced as granting the …