Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Procedure (33)
- Criminal Law (24)
- Constitutional Law (11)
- Law and Society (8)
- Fourth Amendment (7)
-
- Courts (5)
- Evidence (5)
- Law Enforcement and Corrections (5)
- Legal Education (4)
- Legal Ethics and Professional Responsibility (4)
- Civil Rights and Discrimination (3)
- Jurisprudence (3)
- Social and Behavioral Sciences (3)
- Criminology and Criminal Justice (2)
- First Amendment (2)
- Human Rights Law (2)
- International Law (2)
- Judges (2)
- Law and Psychology (2)
- Legal Studies (2)
- Litigation (2)
- Public Affairs (2)
- Public Affairs, Public Policy and Public Administration (2)
- Science and Technology Law (2)
- Sociology (2)
- State and Local Government Law (2)
- Anthropology (1)
- Arts and Humanities (1)
- Bankruptcy Law (1)
- Institution
-
- Selected Works (8)
- Touro University Jacob D. Fuchsberg Law Center (6)
- American University Washington College of Law (5)
- SelectedWorks (4)
- Southern Methodist University (3)
-
- Florida State University College of Law (2)
- Pace University (2)
- University of Georgia School of Law (2)
- University of Pennsylvania Carey Law School (2)
- Barry University School of Law (1)
- Chicago-Kent College of Law (1)
- Fordham Law School (1)
- Montclair State University (1)
- Notre Dame Law School (1)
- Osgoode Hall Law School of York University (1)
- Saint Louis University School of Law (1)
- University at Buffalo School of Law (1)
- University of Cincinnati College of Law (1)
- University of Massachusetts School of Law (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- West Virginia University (1)
- Publication
-
- Touro Law Review (6)
- Articles in Law Reviews & Other Academic Journals (4)
- All Faculty Scholarship (3)
- Faculty Journal Articles and Book Chapters (3)
- Jonathan S Simon (3)
-
- Faculty Scholarship (2)
- Scholarly Works (2)
- Adam Lamparello (1)
- Amanda C Pustilnik (1)
- Articles & Book Chapters (1)
- Darryl K. Brown (1)
- Department of Justice Studies Faculty Scholarship and Creative Works (1)
- E. Lea Johnston (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles and Other Publications (1)
- Faculty Publications (1)
- Florida State University Law Review (1)
- Human Rights Brief (1)
- Journal Articles (1)
- Mark L Noferi (1)
- Michael L Perlin (1)
- Michael W Hanley (1)
- Nevada Law Journal (1)
- Notre Dame Law Review (1)
- Pace International Law Review (1)
- Sam Hanna (1)
- Scholarly Publications (1)
- Seventh Circuit Review (1)
- Timothy R Tarvin (1)
- University of Massachusetts Law Review (1)
- Publication Type
Articles 1 - 30 of 47
Full-Text Articles in Law
Appellate Division, Fourth Department, People V. Cortes, Jennifer Feldman
Appellate Division, Fourth Department, People V. Cortes, Jennifer Feldman
Touro Law Review
No abstract provided.
The Linchpin Of Identification Evidence: The Unreliability Of Eyewitnesses And The Need For Reform In West Virginia, Jared T. Dotson
The Linchpin Of Identification Evidence: The Unreliability Of Eyewitnesses And The Need For Reform In West Virginia, Jared T. Dotson
West Virginia Law Review
No abstract provided.
A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake
A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake
Pace International Law Review
Using the pure adversarial model expounded in part I (a) as the baseline for analysis, Parts II, III and IV of this article will explore the procedural evolution that has taken place at the International Criminal Tribunal for the Former Yugoslavia (II), the International Criminal Court (III) and the Extraordinary Chambers in the Courts of Cambodia (IV). Part V will then plot the structural and procedural shifts that have taken place at those courts onto the spectrum of procedure identified in part I (c), before concluding, in Part VI, with what these shifts teach us about the convergence of adversarial …
Criminal Court, New York County, People V. James, Nicole Compas
Criminal Court, New York County, People V. James, Nicole Compas
Touro Law Review
No abstract provided.
Appellate Division, Third Department, People V. Rivette, Michele Kligman
Appellate Division, Third Department, People V. Rivette, Michele Kligman
Touro Law Review
No abstract provided.
Appellate Division, First Department, People V. Bradley, Kathleen Egan
Appellate Division, First Department, People V. Bradley, Kathleen Egan
Touro Law Review
No abstract provided.
A House Divided: When State And Lower Federal Courts Disagree On Federal Constitutional Rights, Wayne A. Logan
A House Divided: When State And Lower Federal Courts Disagree On Federal Constitutional Rights, Wayne A. Logan
Scholarly Publications
Despite their many differences, Americans have long been bound by a shared sense of federal constitutional commonality. As this article demonstrates, however, federal constitutional rights do in fact often differ — even within individual states — as a result of state and lower federal court concurrent authority to interpret the Constitution and the lack of any requirement that they defer to one another’s positions. The article provides the first in-depth examination of intra-state, state-federal court conflicts on federal constitutional law and the problems that they create. Focusing on criminal procedure doctrine in particular, with its unique impact on individual liberty …
Representational Competence: Defining The Limits Of The Right To Self-Representation At Trial, E. Lea Johnston
Representational Competence: Defining The Limits Of The Right To Self-Representation At Trial, E. Lea Johnston
E. Lea Johnston
In 2008, the Supreme Court held that the Sixth Amendment permits a trial court to impose a higher competence standard for self-representation than to stand trial. The Court declined to delineate a permissible representational competence standard but indicated that findings of incompetence based on a lack of decisionmaking ability would withstand constitutional scrutiny. To date, no court or commentator has suggested a comprehensive competence standard to address the particular decisional context of self-representation at trial. Conceptualizing self-representation as an exercise in problem solving, this Article draws upon social problem-solving theory to identify abilities necessary for autonomous decisionmaking. The Article develops …
Proportionality, Discretion, And The Roles Of Judges And Prosecutors At Sentencing, Palma Paciocco
Proportionality, Discretion, And The Roles Of Judges And Prosecutors At Sentencing, Palma Paciocco
Articles & Book Chapters
The Supreme Court of Canada recently held that prosecutors are not constitutionally obligated to consider the principle of proportionality when exercising their discretion in a manner that narrows the range of available sentences: since only judges are responsible for sentencing, they alone are constitutionally required to ensure proportionality. When mandatory minimum sentences apply, however, judges have limited sentencing discretion and may be unable to achieve proportionality. If the Court takes the principle of proportionality seriously, and if it insists that only judges are constitutionally bound to enforce that principle, it must therefore create new tools whereby judges can avoid imposing …
Katz And Dogs: The Best Path Forward In Applying United States V. Davis' Good Faith Exception To The Exclusionary Rule And How The Seventh Circuit Has Gone Astray, Arlo Walsman
Seventh Circuit Review
Sometimes, law enforcement officers violate the Fourth Amendment and in the process find and seize evidence they wish to use in a subsequent criminal prosecution. In these circumstances, a question that has long troubled courts, and a question that is becoming more and more difficult to answer, is whether such evidence should be admissible at trial.
In Weeks v. United States and Mapp v. Ohio, the Supreme Court established that evidence seized in violation of the Fourth Amendment was not admissible in federal and state prosecutions. This rule has become known as the exclusionary rule. However, in a line …
Encouraging Victims: Responding To A Recent Study Of Battered Women Who Commit Crimes, Andrea L. Dennis, Carol E. Jordan
Encouraging Victims: Responding To A Recent Study Of Battered Women Who Commit Crimes, Andrea L. Dennis, Carol E. Jordan
Nevada Law Journal
No abstract provided.
Teaching The Wire: Integrating Capstone Policy Content Into The Criminal Law Curriculum, Roger Fairfax
Teaching The Wire: Integrating Capstone Policy Content Into The Criminal Law Curriculum, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
When I first proposed teaching a seminar on The Wire at the George Washington University Law School in 2010, I encountered very disparate reactions. Those unfamiliar with the show generally wondered whether the law school curriculum was any place for a course with the name of a popular television drama in the title. Those who had heard glowing things about, but had not seen, The Wire typically professed their intention to watch the show but shared the skepticism of the former group on its suitability as the focus of a law school course. Finally, those who had viewed the series …
Teaching “The Wire”: Crime, Evidence, And Kids, Andrea L. Dennis
Teaching “The Wire”: Crime, Evidence, And Kids, Andrea L. Dennis
Scholarly Works
I have a confession: I have only watched Season 1 of The Wire, and it has been many years since I did that. Thus, both my knowledge and pedagogical use of the show are limited. What explanation can I offer for my failings? I am a Maryland native with family who resides in Baltimore City, or Charm City as it is affectionately called. I worked for several years as an assistant federal public defender in Baltimore City. Over time, I have seen the city evolve, and I have seen it chew up and spit out many good people and some …
Juvenile Competency Adjudication In California Criminal Court, Michael W. Hanley
Juvenile Competency Adjudication In California Criminal Court, Michael W. Hanley
Michael W Hanley
Legal issues are examined vis-à-vis an empirical case study of a criminal judicial proceeding where an alleged juvenile offender was charged with serious crimes in an adult court venue. The issue litigated before a 12-member jury was not the substantive merits of guilt or innocence of the alleged criminal conduct, but whether the juvenile offender was statutorily and constitutionally competent to stand trial. The following is a succinct account of the procedural and substantive constitutional and statutory rules attributed to legal competency to stand trial and how they were recognized and applied in the government’s case against an alleged juvenile …
Raising The Floor Of Company Conduct: Deriving Public Policy From The Constitution In An Employment-At-Will Arena, Steven J. Mulroy, Amy H. Moorman
Raising The Floor Of Company Conduct: Deriving Public Policy From The Constitution In An Employment-At-Will Arena, Steven J. Mulroy, Amy H. Moorman
Florida State University Law Review
No abstract provided.
Systemic Barriers To Effective Assistance Of Counsel In Plea Bargaining, Rodney J. Uphoff, Peter A. Joy
Systemic Barriers To Effective Assistance Of Counsel In Plea Bargaining, Rodney J. Uphoff, Peter A. Joy
Faculty Publications
In a trio of recent cases, Padilla v. Kentucky, Missouri v. Frye, and Lafler v. Cooper, the U.S. Supreme Court has focused its attention on defense counsel's pivotal role during the plea bargaining process . At the same time that the Court has signaled its willingness to consider ineffective assistance of counsel claims at the plea stage, prosecutors are increasingly requiring defendants to sign waivers that include waiving all constitutional and procedural errors, even unknown ineffective assistance of counsel claims such as those that proved successful in Padilla and Frye. Had Jose Padilla and Galin Frye been forced to sign …
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Touro Law Review
No abstract provided.
No Easy Solutions To The Problem Of Criminal Mega-Trials, Brendan Judge
No Easy Solutions To The Problem Of Criminal Mega-Trials, Brendan Judge
Notre Dame Law Review
No abstract provided.
“Far From The Turbulent Space”: Considering The Adequacy Of Counsel In The Representation Of Individuals Accused Of Being Sexually Violent Predators, Michael L. Perlin, Heather Ellis Cucolo
“Far From The Turbulent Space”: Considering The Adequacy Of Counsel In The Representation Of Individuals Accused Of Being Sexually Violent Predators, Michael L. Perlin, Heather Ellis Cucolo
Michael L Perlin
Abstract:
For the past thirty years, the US Supreme Court's standard of Strickland v. Washington has governed the question of adequacy of counsel in criminal trials. There, in a Sixth Amendment analysis, the Supreme Court acknowledged that simply having a lawyer assigned to a defendant was not constitutionally adequate, but that that lawyer must provide "effective assistance of counsel," effectiveness being defined, pallidly, as requiring simply that counsel's efforts be “reasonable” under the circumstances. The benchmark for judging an ineffectiveness claim is simply “whether counsel’s conduct so undermined the proper function of the adversarial process that the trial court cannot …
Neurotechnologies At The Intersection Of Criminal Procedure And Constitutional Law, Amanda C. Pustilnik
Neurotechnologies At The Intersection Of Criminal Procedure And Constitutional Law, Amanda C. Pustilnik
Amanda C Pustilnik
The rapid development of neurotechnologies poses novel constitutional issues for criminal law and criminal procedure. These technologies can identify directly from brain waves whether a person is familiar with a stimulus like a face or a weapon, can model blood flow in the brain to indicate whether a person is lying, and can even interfere with brain processes themselves via high-powered magnets to cause a person to be less likely to lie to an investigator. These technologies implicate the constitutional privilege against compelled, self-incriminating speech under the Fifth Amendment and the right to be free of unreasonable search and seizure …
Teaching The Methods Of White-Collar Practice: Investigatios, Roger Fairfax
Teaching The Methods Of White-Collar Practice: Investigatios, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
When Ijoined the George Washington University Law School [GW] faculty after practice as a federal prosecutor and white-collar criminal defense attorney, I quickly learned that a GW law student interested in exploring white-collar crime had a great many courses from which to choose. Several of my full-time colleagues teach courses that cover various topics relevant to white-collar crime, including a computer crimes course, a course in criminal tax litigation, and courses on anti-corruption in government contracting and the Foreign Corrupt Practices Act [FCPA]. GW is also fortunate to have a dedicated and talented adjunct faculty, which includes a former senior …
"Not Just A Common Criminal": The Case For Sentencing Mitigation Videos, Regina Austin
"Not Just A Common Criminal": The Case For Sentencing Mitigation Videos, Regina Austin
All Faculty Scholarship
Sentencing mitigation or sentencing videos are a form of visual legal advocacy that is produced on behalf of defendants for use in the sentencing phases of criminal cases (from charging to clemency). The videos are typically short (5 to 10 minutes or so) nonfiction films that explore a defendant’s background, character, and family situation with the aim of raising factual and moral issues that support the argument for a shorter or more lenient sentence. Very few examples of mitigation videos are in the public domain and available for viewing. This article provides a complete analysis of the constituent elements of …
Furman, After Four Decades, J. Thomas Sullivan
Furman, After Four Decades, J. Thomas Sullivan
University of Massachusetts Law Review
Problems of racial discrimination in the imposition of capital sentences, disclosure of misconduct by prosecutors and police, inconsistency in the quality of defense afforded capital defendants, exoneration of death row inmates due to newly available DNA testing, and, most recently controversies surrounding the potential for cruelty in the execution process itself continue to complicate views about the morality, legality, and practicality of reliance on capital punishment to address even the most heinous of homicide offenses. Despite repeated efforts by the Supreme Court to craft a capital sentencing framework that ensures that death sentences be imposed fairly in light of the …
The Privilege Against Self-Incrimination In Bankruptcy And The Plight Of The Debtor, Timothy R. Tarvin
The Privilege Against Self-Incrimination In Bankruptcy And The Plight Of The Debtor, Timothy R. Tarvin
Timothy R Tarvin
The Perverse Effects Of Efficiency In Criminal Process, Darryl K. Brown
The Perverse Effects Of Efficiency In Criminal Process, Darryl K. Brown
Darryl K. Brown
The need for greater efficiency in legal process is an undisputed premise of modern policy, and efficiency’s virtues hardly merit debate, notably by the U.S. Supreme Court. A central part of the story of modern adjudication is the steady gains in case processing efficiency. This, above all else, explains the “vanishing trial” and its replacement by civil settlement and, in criminal courts, by plea bar-gaining.
Defining efficiency in any context, however, is a more complicated endeavor than courts, policymakers, and many commentators commonly acknowledge. It requires first defining ends and means, and even whether a given practice is an end …
Special Administrative Measures: An Example Of Counterterror Excesses And Their Roots In U.S. Criminal Justice, Francesca Laguardia
Special Administrative Measures: An Example Of Counterterror Excesses And Their Roots In U.S. Criminal Justice, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
This article examines the creation and implementation of pretrial Special Administrative Measures [SAMs], a version of pretrial solitary confinement now used most often to confine terror suspects in the federal criminal justice system. Through an in-depth archival study, this article brings attention to the importance of 20th-century criminal justice trends to the 21st-century response to the threat of terrorism, including an increasingly preventive focus and decreasing judicial checks on executive action. The findings suggest that practices believed to be excessive responses to the threat of terrorism are in fact a natural outgrowth of late modern criminal justice.
Democracy Enhancement In Criminal Law And Procedure, Janet Moore
Democracy Enhancement In Criminal Law And Procedure, Janet Moore
Faculty Articles and Other Publications
There is a democracy deficit at the intersection of crime, race, and poverty. The causes and consequences of hyperincarceration disproportionately affect those least likely to mount an effective oppositional politics: poor people and people of color. This Article breaks new ground by arguing that the democracy deficit calls for a democracy-enhancing theory of criminal law and procedure that modifies traditional justifications of retributivism and deterrence by prioritizing self-governance. Part I contextualizes the argument within cyclical retrenchments in movements for racial and economic justice. Part II sketches the contours of a democracy-enhancing theory. Parts III and IV turn that theoretical lens …
Rights Of Passage: On Doors, Technology, And The Fourth Amendment, Irus Braverman
Rights Of Passage: On Doors, Technology, And The Fourth Amendment, Irus Braverman
Journal Articles
The importance of the door for human civilization cannot be overstated. In various cultures, the door has been a central technology for negotiating the distinction between inside and outside, private and public, and profane and sacred. By tracing the material and symbolic significance of the door in American Fourth Amendment case law, this article illuminates the vitality of matter for law’s everyday practices. In particular, it highlights how various door configurations affect the level of constitutional protections granted to those situated on the inside of the door and the important role of vision for establishing legal expectations of privacy. Eventually, …
Trial By Google: Judicial Notice In The Information Age, Andrew Ferguson
Trial By Google: Judicial Notice In The Information Age, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
This Article presents a theory of judicial notice for the information age. It argues that the ease of accessing factual data on the Internet allows judges and litigants to expand the use of judicial notice in ways that raise significant concerns about admissibility, reliability, and fair process. State and federal courts are already applying the surprisingly pliant judicial notice rules to bring websites ranging from Google Maps to Wikipedia into the courtroom, and these decisions will only increase in frequency in coming years. This rapidly emerging judicial phenomenon is notable for its ad hoc and conclusory nature – attributes that …