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Full-Text Articles in Law

Information Leaking And The United States Supreme Court, Chad Marzen, Michael Conklin Sep 2023

Information Leaking And The United States Supreme Court, Chad Marzen, Michael Conklin

Brigham Young University Journal of Public Law

No abstract provided.


Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen Mar 2021

Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen

BYU Law Review

No abstract provided.


Juvenile Miranda Waivers: A Reasonable Alternative To The Totality Of The Circumstances Approach, Jean Pierce Feb 2017

Juvenile Miranda Waivers: A Reasonable Alternative To The Totality Of The Circumstances Approach, Jean Pierce

BYU Law Review

No abstract provided.


Getting Brady Right: Why Extending Brady V. Maryland’S Trial Right To Plea Negotiations Better Protects A Defendant’S Constitutional Rights In The Modern Legal Era, James M. Grossman Nov 2016

Getting Brady Right: Why Extending Brady V. Maryland’S Trial Right To Plea Negotiations Better Protects A Defendant’S Constitutional Rights In The Modern Legal Era, James M. Grossman

BYU Law Review

No abstract provided.


Disentangling Flight Risk From Dangerousness, Lauryn P. Gouldin Apr 2016

Disentangling Flight Risk From Dangerousness, Lauryn P. Gouldin

BYU Law Review

There is a growing national consensus about the urgent need to shrink the population of pretrial detainees and to fix our broken money bail system. Even as scholars and reformers are showing renewed interest in pretrial detention and bail, however, they have neglected a fundamental pretrial problem: the conflation (by judges and in statutes) of flight risk and danger. Reformers have offered up an array of proposals and increasingly sophisticated risk assessment tools that promise to improve judicial decision-making, but many of these tools merge flight risk and danger in ways that reinforce problematic legislative and judicial practices.

This Article …


Jury Nullification As A Tool To Balance The Demands Of Law And Justice, Aaron Mcknight Jan 2014

Jury Nullification As A Tool To Balance The Demands Of Law And Justice, Aaron Mcknight

BYU Law Review

No abstract provided.


Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson Sep 2012

Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson

BYU Law Review

No abstract provided.


United States V. Ruiz-Gaxiola: When Criminal Defendants Say No To Drugs, Adam Dayton May 2012

United States V. Ruiz-Gaxiola: When Criminal Defendants Say No To Drugs, Adam Dayton

BYU Law Review

No abstract provided.


Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam May 2011

Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam

BYU Law Review

No abstract provided.


Construing The Outer Limits Of Sentencing Authority: A Proposed Bright-Line Rule For Noncapital Proportionality Review, Kevin White May 2011

Construing The Outer Limits Of Sentencing Authority: A Proposed Bright-Line Rule For Noncapital Proportionality Review, Kevin White

BYU Law Review

No abstract provided.


New Jersey V. T.L.O.: School Searches And The Applicability Of The Exclusionary Rule In Juvenile Delinquency And Criminal Proceedings, Bryan Stoddard Mar 2011

New Jersey V. T.L.O.: School Searches And The Applicability Of The Exclusionary Rule In Juvenile Delinquency And Criminal Proceedings, Bryan Stoddard

Brigham Young University Education and Law Journal

No abstract provided.


Modifying The Restrictions On Sentence Modification: United States V. Cobb, Jackie Bosshardt Mar 2011

Modifying The Restrictions On Sentence Modification: United States V. Cobb, Jackie Bosshardt

BYU Law Review

No abstract provided.


Sidestepping Deference: How United States V. Ressam Encourages Overly Stringent Review Of Sentencing Decisions, Joseph Leavitt Mar 2011

Sidestepping Deference: How United States V. Ressam Encourages Overly Stringent Review Of Sentencing Decisions, Joseph Leavitt

BYU Law Review

No abstract provided.


But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas Nov 2010

But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas

BYU Law Review

No abstract provided.


Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen May 2010

Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen

BYU Law Review

No abstract provided.


A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis Mar 2010

A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis

BYU Law Review

No abstract provided.


No Longer The Right To Remain Silent: Cross-Examining Forensic Analyst Testimony, Casey Unwin Mar 2010

No Longer The Right To Remain Silent: Cross-Examining Forensic Analyst Testimony, Casey Unwin

BYU Law Review

No abstract provided.


The Stigma Of Conviction: Coram Nobis, Civil Disabilities, And The Right To Clear One's Name, David Wolitz Dec 2009

The Stigma Of Conviction: Coram Nobis, Civil Disabilities, And The Right To Clear One's Name, David Wolitz

BYU Law Review

No abstract provided.


Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs May 2007

Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs

BYU Law Review

No abstract provided.


Who Gets Counted? Jury List Representativeness For Hispanics In Areas With Growing Hispanic Populations Under Duren V. Missouri, Stephen E. Reil Mar 2007

Who Gets Counted? Jury List Representativeness For Hispanics In Areas With Growing Hispanic Populations Under Duren V. Missouri, Stephen E. Reil

BYU Law Review

No abstract provided.


Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell Mar 2006

Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell

BYU Law Review

No abstract provided.


Recognizing Victims In The Federal Rules Of Criminal Procedure: Proposed Amendments In Light Of The Crime Victims' Rights Act, Paul G. Cassell Nov 2005

Recognizing Victims In The Federal Rules Of Criminal Procedure: Proposed Amendments In Light Of The Crime Victims' Rights Act, Paul G. Cassell

BYU Law Review

No abstract provided.


Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns Mar 2005

Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns

BYU Law Review

No abstract provided.


Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower Mar 2004

Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower

Brigham Young University Journal of Public Law

No abstract provided.


Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus Mar 2004

Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus

Brigham Young University Journal of Public Law

No abstract provided.


Recognizing All Critical Stages In Criminal Proceedings: The Violation Of The Sixth Amendment By Utah In Not Allowing Defendants The Right To Counsel At Parole Hearings, Amanda N. Montague May 2003

Recognizing All Critical Stages In Criminal Proceedings: The Violation Of The Sixth Amendment By Utah In Not Allowing Defendants The Right To Counsel At Parole Hearings, Amanda N. Montague

Brigham Young University Journal of Public Law

No abstract provided.


Plea Bargaining And Convicting The Innocent: The Role Of The Prosecutor, The Defense Cousel, And The Judge, F. Andrew Hessick Iii Mar 2002

Plea Bargaining And Convicting The Innocent: The Role Of The Prosecutor, The Defense Cousel, And The Judge, F. Andrew Hessick Iii

Brigham Young University Journal of Public Law

No abstract provided.


One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana Lehr-Lehnardt Mar 2002

One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana Lehr-Lehnardt

Brigham Young University Journal of Public Law

No abstract provided.


The (So-Called) Liability Of Criminal Defense Attorneys: A System In Need Of Reform, Meredith J. Duncan Mar 2002

The (So-Called) Liability Of Criminal Defense Attorneys: A System In Need Of Reform, Meredith J. Duncan

BYU Law Review

No abstract provided.


United States V. Singleton And The Witness Gratuity Statute: What Is The Best Approach For The Criminal Justice System?, Melissa W. Rawlinson Mar 2000

United States V. Singleton And The Witness Gratuity Statute: What Is The Best Approach For The Criminal Justice System?, Melissa W. Rawlinson

Brigham Young University Journal of Public Law

No abstract provided.