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Articles 1 - 4 of 4
Full-Text Articles in Law
Hold On: The Remarkably Resilient, Constitutionally Dubious "48-Hour Hold", Steven Mulroy
Hold On: The Remarkably Resilient, Constitutionally Dubious "48-Hour Hold", Steven Mulroy
Steven Mulroy
This article discusses the surprisingly widespread, little-known practice of “48-hour holds,” where police detain a suspect without charge or access to bail for up to 48 hours to continue their investigation; at the end of 48 hours, they either charge or release him. Although it has not been discussed in the scholarly literature, the practice has occurred in a number of large local jurisdictions over the past few decades, and continues today in some of them. The “holds” often take place, admittedly or tacitly, without the probable cause needed to charge a defendant, and thus in violation of the Fourth …
Hold On: The Remarkably Resilient, Constitutionally Dubious "48-Hour Hold", Steven Mulroy
Hold On: The Remarkably Resilient, Constitutionally Dubious "48-Hour Hold", Steven Mulroy
Steven Mulroy
This article discusses the surprisingly widespread, little-known practice of “48-hour holds,” where police detain a suspect without charge or access to bail for up to 48 hours to continue their investigation; at the end of 48 hours, they either charge or release him. Although it has not been discussed in the scholarly literature, the practice has occurred in a number of large local jurisdictions over the past few decades, and continues today in some of them. The “holds” often take place, admittedly or tacitly, without the probable cause needed to charge a defendant, and thus in violation of the Fourth …
Execution By Accident: Evidentiary And Constitutional Problems With The "Childhood Onset" Requirement In Atkins Claims, Steven Mulroy
Execution By Accident: Evidentiary And Constitutional Problems With The "Childhood Onset" Requirement In Atkins Claims, Steven Mulroy
Steven Mulroy
The article discusses claims by capital defendants asserting that they are mentally retarded (MR) and thus cannot be executed under the 2002 Supreme Court holding in Atkins v. Virginia. Courts hearing such claims require proof that any intellectual deficits first occurred during childhood. This “childhood onset” prong is problematic for practical and theoretical reasons. As a practical matter, courts often improperly: (a) expect (rarely available) IQ test results dating from childhood; (b) dismiss MR proof if the defendant has minimal day-to-day competence, despite the medical consensus that MR persons can drive, cook, etc.; and (c) reject Atkins claims because the …
Sunlight’S Glare: How Overbroad Open Government Laws Chill Free Speech And Hamper Effective Democracy, Steven Mulroy
Sunlight’S Glare: How Overbroad Open Government Laws Chill Free Speech And Hamper Effective Democracy, Steven Mulroy
Steven Mulroy
SUNLIGHT’S GLARE: HOW OVERBROAD OPEN GOVERNMENT LAWS CHILL FREE SPEECH AND HAMPER EFFECTIVE DEMOCRACY Steven J. Mulroy ABSTRACT In this Article, Prof. Mulroy argues that the broadest of state “open meetings laws” violate the free speech rights of covered government officials. The Article focuses on those laws which ban substantive discussion of government business by any two or three legislators outside of a publicly noticed official meeting (far less than a quorum), and those laws which admit no exceptions for matters involving individual privacy, personnel matters, consultation with counsel, ongoing financial negotiations, or other sensitive topics where confidentiality is warranted. …