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Full-Text Articles in Law
People V. Caballes: An Analysis Of Caballes, The History Of Sniff Search Jurisprudence, And Its Future Impact, Brett Geiger
People V. Caballes: An Analysis Of Caballes, The History Of Sniff Search Jurisprudence, And Its Future Impact, Brett Geiger
Northern Illinois University Law Review
This article begins by attempting to understand sniff search jurisprudence through the earliest Supreme Court precedent and the application of those cases by the various circuits. Then after a brief discussion of the Caballes case itself it attempts to discern the various arguments made by the parties in the suit, scholars, and practitioners, examining each for its relative merit. Finally, the article attempts to predict what impact Caballes will have on both the use of canines in law enforcement and other technologies that serve similar purposes.
The Unconventional Equal Protection Jurisprudence Of Jury Selection, Joel H. Swift
The Unconventional Equal Protection Jurisprudence Of Jury Selection, Joel H. Swift
Northern Illinois University Law Review
This article traces the development of equal protection jurisprudence as it has been applied to one aspect of the criminal justice system, to wit, selection of juries. It demonstrates that the United States Supreme Court's approach has been inconsistent with conventional equal protection doctrine in two ways. Unlike conventional doctrine, which requires proof of subjective intent to discriminate to make out a prima facie case, the Court has found that the mere use of a jury selection process that has a proven statistically disparate negative impact on the selection of African-American jurors is sufficient to establish a prima facie violation …