Law Commons^™

The Case Against Prosecuting Refugees, Evan J. Criddle

Faculty Publications

Within the past several years, the U.S. Department of Justice has pledged to prosecute asylum-seekers who enter the United States outside an official port of entry without inspection. This practice has contributed to mass incarceration and family separation at the U.S.–Mexico border, and it has prevented bona fide refugees from accessing relief in immigration court. Yet, federal judges have taken refugee prosecution in stride, assuming that refugees, like other foreign migrants, are subject to the full force of American criminal justice if they skirt domestic border controls. This assumption is gravely mistaken.

This Article shows that Congress has not authorized …

Criminal-Justice Apps: A Modest Step Toward Democratizing The Criminal Process, Adam M. Gershowitz

Faculty Publications

No abstract provided.

Prosecutorial Dismissals As Teachable Moments (And Databases) For The Police, Adam M. Gershowitz

Faculty Publications

The criminal justice process typically begins when the police make a warrantless arrest. Although police usually do a good job of bringing in the “right” cases, they do make mistakes. Officers sometimes arrest suspects even though there is no evidence to prove an essential element of the crime. Police also conduct unlawful searches and interrogations. And officers make arrests in marginal cases—schoolyard fights are a good example—in which prosecutors do not think a criminal conviction is appropriate. Accordingly, prosecutors regularly dismiss cases after police have made warrantless arrests and suspects have sat in jail for days, or even weeks. In …

The Miranda Custody Requirement And Juveniles, Paul Marcus

Faculty Publications

Concerns about the interrogation process and the ability of minors to navigate the criminal justice system often intersect. The impact of the age of juveniles can be seen in a variety of judicial decisions, most markedly those dealing with punishment. But judicial concern for juveniles goes well beyond sentencing. The interrogation process raises especially grave fears.

Since the Supreme Court issued its landmark ruling in Miranda v. Arizona disallowing compelled inculpatory statements by criminal suspects and defendants, there has been concern as to whether juveniles fully understand and appreciate their rights as articulated in Miranda and based in the Fifth …

Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, James G. Dwyer

Faculty Publications

No abstract provided.

The First Day Of Criminal Law: Forgetting Everything You Thought You Already Knew, Kami Chavis Simmons

Faculty Publications

Whether from the media or the seemingly endless rotation of Law and Order episodes, many students enter law school with a great deal of knowledge about important concepts that dominate Criminal Law, including murder, manslaughter, conspiracy, self-defense, or insanity. This familiarity with criminal law presents a dual challenge for students and professors alike. First, as future lawyers, they must force themselves to think critically about these familiar topics, and despite their basic knowledge of the criminal justice system, students quickly learn that there is much more to criminal law than meets the eye. Second, part of this critical analysis requires …

Remarks Of William Van Alstyne On The Brandenburg Panel, William W. Van Alstyne

Faculty Publications

No abstract provided.

Book Review Of Fact Finding Without Facts: The Uncertain Evidentiary Foundations Of International Criminal Convictions, Linda A. Malone

Faculty Publications

No abstract provided.

The Crisis In Indigent Defense: A National Perspective, Mary Sue Backus, Paul Marcus

Faculty Publications

No abstract provided.

Causing Constitutional Harm: How Tort Law Can Help Determine Harmless Error In Criminal Trials, Jason M. Solomon

Faculty Publications

No abstract provided.

The Entrapment Defense: An Interview, Paul Marcus

Faculty Publications

No abstract provided.

The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus

Faculty Publications

No abstract provided.

The United States Criminal Justice System: A Brief Overview, Paul Marcus

Faculty Publications

No abstract provided.

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Faculty Publications

No abstract provided.

Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus

Faculty Publications

No abstract provided.

Funeral Oration In Honor Of United States V. Burton, Fredric I. Lederer

Faculty Publications

No abstract provided.

The Exclusion Of Evidence In The United States, Paul Marcus

Faculty Publications

No abstract provided.

The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus

Faculty Publications

No abstract provided.

Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus

Faculty Publications

No abstract provided.

Proving Entrapment Under The Predisposition Test, Paul Marcus

Faculty Publications

No abstract provided.

The Federal Common Law Of Crime, Robert C. Palmer

Faculty Publications

No abstract provided.

The Development Of Entrapment Law, Paul Marcus

Faculty Publications

No abstract provided.

Criminal Law, Richard A. Williamson

Faculty Publications

No abstract provided.

The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus

Faculty Publications

Paul Marcus has produced an extremely thorough article on the intriguing and complex defense of entrapment. After analyzing the subjective and objective approaches to the defense, the author turns to the infrequently addressed question of evidence on predisposition. Included here are the recent ABSCAM cases.

Finally, the author explores the vagaries of inconsistent defenses and, on the whole, provides academics and practitioners with a refreshing and useful guide to some of the most important questions involving entrapment.

Book Review Of The Model Penal Code And Commentaries, Paul Marcus

Faculty Publications

No abstract provided.

The New Iowa Criminal Code: Part Ii, Kermit L. Dunahoo

Faculty Publications

No abstract provided.

The New Iowa Criminal Code, Kermit L. Dunahoo

Faculty Publications

No abstract provided.

Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer

Faculty Publications

No abstract provided.

Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer

Faculty Publications

No abstract provided.

A Model Of Criminal Dispositions: An Alternative To Official Discretion In Sentencing, Larry I. Palmer

Faculty Publications

Professor Palmer proposes a new model of criminal dispositions which would replace official discretion at sentencing with judicially created standards for sentencing officials. In Part I he outlines the role of the appellate judiciary in developing an interest analysis to enunciate standards to guide criminal dispositions. In Parts Il and III he examines the roles of administrative agencies and legislatures in perfecting the dispositional process under standards initially ariculated by the judiciary. Professor Palmer emphasizes the concept of individual liberty as a central value of society and shows how a new system of criminal dispositions can enhance that value as …