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Articles 1 - 30 of 44
Full-Text Articles in Law
Relational Criminal Liability, Steven R. Morrison
Relational Criminal Liability, Steven R. Morrison
Florida State University Law Review
“Relational criminal liability,” or one person’s criminal liability for the actions of another by way of a group of which both individuals are a part, generates a fundamental tension between collectivist and individualist approaches to liability. The collectivist approach, which reifies the group qua group, enables individuals to be liable for the acts of the group and the group to be liable for the acts of individuals. The individualist approach treats ind-viduals qua individuals, holding them liable only for their own conduct.
This tension sounds both in moral philosophy and legal theory. As to philosophy, Michael Bratman, Margaret Gilbert, and …
Federalizing Retroactivity Rules: The Unrealized Promise Of Danforth V. Minnesota And The Unmet Obligation Of State Courts To Vindicate Federal Constitutional Rights, Ruthanne M. Deutsch
Federalizing Retroactivity Rules: The Unrealized Promise Of Danforth V. Minnesota And The Unmet Obligation Of State Courts To Vindicate Federal Constitutional Rights, Ruthanne M. Deutsch
Florida State University Law Review
No abstract provided.
Fixing Bail, Samuel R. Wiseman
Fixing Bail, Samuel R. Wiseman
Scholarly Publications
A large portion of the jail population consists of criminal defendants whose guilt has yet to be established. A growing number of states have attempted to reduce jail populations in light of budget concerns, and many federal and state statutes already direct judges to detain defendants only if alternative conditions will not protect society or prevent pretrial flight. Despite these legislative directives, judges continue to jail too many defendants pretrial. Indeed, although statutes often direct judges not to impose financial conditions leading to detention, many pretrial detainees are in jail because they could not afford the bond set by a …
What Is Federal Habeas Worth?, Samuel R. Wiseman
What Is Federal Habeas Worth?, Samuel R. Wiseman
Scholarly Publications
Federal habeas review of state non-capital cases under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) is widely regarded as deeply flawed for producing a huge volume of costly litigation and very little relief. Many scholars have called for AEDPA’s repeal and a return to more robust federal review, but recently, several prominent commentators have suggested more dramatic change— radically limiting federal habeas in exchange for more fruitful reform efforts. In an era of limited criminal justice budgets and an increasing focus on efficiency, these proposals are likely to proliferate. This Article lays out a needed empirical and …
Government Retention And Use Of Unlawfully Secured Dna Evidence, Wayne A. Logan
Government Retention And Use Of Unlawfully Secured Dna Evidence, Wayne A. Logan
Scholarly Publications
No abstract provided.
Pretrial Detention And The Right To Be Monitored, Samuel R. Wiseman
Pretrial Detention And The Right To Be Monitored, Samuel R. Wiseman
Scholarly Publications
Although detention for dangerousness has received far more attention in recent years, a significant number of non-dangerous but impecunious defendants are jailed to ensure their presence at trial due to continued, widespread reliance on a money bail system. This Essay develops two related claims. First, in the near term, electronic monitoring will present a superior alternative to money bail for addressing flight risk. In contrast to previous proposals for reducing pretrial detention rates, electronic monitoring has the potential to reduce both fugitive rates (by allowing the defendant to be easily located) and government expenditures (by reducing the number of defendants …
After The Cheering Stopped: Decriminalization And Legalism's Limits, Wayne A. Logan
After The Cheering Stopped: Decriminalization And Legalism's Limits, Wayne A. Logan
Scholarly Publications
To the great relief of many, American criminal law, long known for its harshness and expansive prohibitory reach, is now showing signs of softening. A prime example of this shift is seen in the proliferation of laws decriminalizing the personal possession of small amounts of marijuana: today, almost twenty states and dozens of localities have embraced decriminalization in some shape or form, with more laws very likely coming to fruition soon. Despite enjoying broad political support, the decriminalization movement has, however, failed to curb a core feature of criminalization: police authority to arrest individuals suspected of possessing marijuana. Arrests for …
Brady, Trust, And Error, Samuel R. Wiseman
Brady, Trust, And Error, Samuel R. Wiseman
Scholarly Publications
No abstract provided.
Waiving Innocence, Samuel R. Wiseman
Evidence-Based Litigation Reform, Emily Spottswood
Evidence-Based Litigation Reform, Emily Spottswood
Scholarly Publications
No abstract provided.
Mcdonald's Other Right, Samuel L. Wiseman
Mcdonald's Other Right, Samuel L. Wiseman
Scholarly Publications
No abstract provided.
Discrimination, Coercion, And The Bail Reform Act Of 1984: The Loss Of The Core Constitutional Protections Of The Excessive Bail Clause, Samuel R. Wiseman
Discrimination, Coercion, And The Bail Reform Act Of 1984: The Loss Of The Core Constitutional Protections Of The Excessive Bail Clause, Samuel R. Wiseman
Scholarly Publications
No abstract provided.
Telling Differences: Observational Equivalence, Externalities, And Wrongful Convictions, Manuel A. Utset
Telling Differences: Observational Equivalence, Externalities, And Wrongful Convictions, Manuel A. Utset
Scholarly Publications
We must begin with the mistake and transform it into what is true. That is, we must uncover the sources of error; otherwise hearing what is true won’t help us. It cannot penetrate when something is taking its place. To convince someone of what is true, it is not enough to state it; we must find the road from error to truth.
Ludwig Wittgenstein, Remarks on Frazier's Golden Bough 1e (Rush Rhees ed., A.C. Miles trans., 1979 (emphasis in original).
A Balancing Act: The Introduction Of Restorative Justice In The International Criminal Court's Case Of The Prosecutor V. Thomas Lubanga Dyilo, Mary Will
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Political Economy Of Application Fees For Indigent Criminal Defense, Wayne A. Logan, Ronald F. Wright
The Political Economy Of Application Fees For Indigent Criminal Defense, Wayne A. Logan, Ronald F. Wright
Scholarly Publications
In this article, we trace the origin and spread of state laws designed to make indigent criminal defendants pay, up-front, a portion of the costs of their state-appointed counsel. These co-pays, which can range from $10 to over $200, are part of the increasingly popular pay-as-you-go movement, requiring criminal defendants to defray the system costs of their prosecution and punishment.
On their face, such laws would appear to be a natural target of vigorous resistance by the defense bar. This turns out to be only half true, however, for it is often the leaders of public defense organizations, faced with …
Vengeance Is Whose?: The Death Penalty And Cultural Relativism In International Law, James H. Wyman
Vengeance Is Whose?: The Death Penalty And Cultural Relativism In International Law, James H. Wyman
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Child Sexual Abuse Prosecutions: Admitting Out-Of-Court Statements Of Child Victims And Witnesses In Louisana, Charles W. Ehrhardt, Ryon M. Mccabe
Child Sexual Abuse Prosecutions: Admitting Out-Of-Court Statements Of Child Victims And Witnesses In Louisana, Charles W. Ehrhardt, Ryon M. Mccabe
Scholarly Publications
No abstract provided.
Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson
Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson
Florida State University Law Review
No abstract provided.
The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello
The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello
Florida State University Law Review
No abstract provided.
To See Or Not To See The Defendant: Expanding The Use Of Florida's Special Procedures For Taking The Testimony Of Witnesses, Glenn F. Lang
To See Or Not To See The Defendant: Expanding The Use Of Florida's Special Procedures For Taking The Testimony Of Witnesses, Glenn F. Lang
Florida State University Law Review
No abstract provided.
Florida V. Riley, 109 S. Ct. 693 (1989), John R. Dixon
Florida V. Riley, 109 S. Ct. 693 (1989), John R. Dixon
Florida State University Law Review
Criminal Procedure/Constitutional Law - WARRANTLESS AERIAL SURVEILLANCE AND THE OPEN VIEW DOCTRINE
Discovery Depositions In Florida Criminal Proceedings: Should They Survive?, John F. Yetter
Discovery Depositions In Florida Criminal Proceedings: Should They Survive?, John F. Yetter
Florida State University Law Review
Pursuant to a Concurrent Resolution of the 1988 Florida Legislature, the Supreme Court of Florida created a commission which is presently studying the use of depositions by the defense in criminal prosecutions. In this Article, Dean Yetter, a member of the commission, traces the history of criminal defense depositions in Florida, explores the arguments which shaped last session's legislative debate, and identifies available options for reform.
The Concurrent Sentence Doctrine Dies A Quiet Death -- Or Are The Reports Greatly Exaggerated?, Anne S. Emanuel
The Concurrent Sentence Doctrine Dies A Quiet Death -- Or Are The Reports Greatly Exaggerated?, Anne S. Emanuel
Florida State University Law Review
The concurrent sentence doctrine is a judicially-created rule of criminal procedure. In this article, Professor Emanuel traces the history of the doctrine from its roots in eighteenth-century England to its current status in state and federal courts. Recently, the United States Supreme Court effectively forestalled the use of the doctrine in any federal felony conviction; however, Professor Emanuel argues that the doctrine remains viable in collateral actions for postconviction relief from federal convictions and in state couts.
Florida Reverses Its Per Se Reversal Rule On Improper Prosecutorial Comment On A Defendant's Right To Remain Silent, J. Allison Defoor Ii, Randolph Braccialarghe
Florida Reverses Its Per Se Reversal Rule On Improper Prosecutorial Comment On A Defendant's Right To Remain Silent, J. Allison Defoor Ii, Randolph Braccialarghe
Florida State University Law Review
No abstract provided.
Florida's New Speedy Trial Rule: The "Window Of Recapture", John F. Yetter
Florida's New Speedy Trial Rule: The "Window Of Recapture", John F. Yetter
Florida State University Law Review
No abstract provided.
Evidence In Capital Cases, John Kaplan
Evidence In Capital Cases, John Kaplan
Florida State University Law Review
No abstract provided.
The Exclusionary Rule: An Examination Of The Case Law And The Present Posture Of The Florida Supreme Court, Michael Shaw Tammaro
The Exclusionary Rule: An Examination Of The Case Law And The Present Posture Of The Florida Supreme Court, Michael Shaw Tammaro
Florida State University Law Review
No abstract provided.
Gannett Co. V. Depasquale, 99 S. Ct. 2898 (1979), Margot Pequignot
Gannett Co. V. Depasquale, 99 S. Ct. 2898 (1979), Margot Pequignot
Florida State University Law Review
Criminal Procedure-FAIR TRIAL-CONSTITUTION DOES NOT GRANT AN AFFIRMATIVE RIGHT OF ACCESS TO A PRETRIAL PROCEEDING WHEN ALL PARTICIPANTS AGREE IT SHOULD BE CLOSED TO PROTECT DEFENDANT'S FAIR TRIAL RIGHTS
State V. Sobel, 363 So.2d 324 (Fla. 1978), Michael T. Webster
State V. Sobel, 363 So.2d 324 (Fla. 1978), Michael T. Webster
Florida State University Law Review
Constitutional Law-DUE PROCESS NOT VIOLATED BY STATE'S DESTRUCTION AND NONDISCLOSURE OF TAPE RECORDING IN CRIMINAL LAW
Arizona V. Washington, 434 U.S. 497 (1978)
Arizona V. Washington, 434 U.S. 497 (1978)
Florida State University Law Review
Criminal Law-MISTRIAL DECLARATION-OVER DEFENDANT'S OBJECTION, PROSECUTION MUST DEMONSTRATE HIGH DEGREE OF MANIFEST NECESSITY OR REPROSECUTION WILL BE BARRED