Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal procedure (30)
- Criminal law (23)
- Evidence (9)
- Criminal justice (8)
- Death penalty (6)
-
- Fourth Amendment (5)
- Sentencing (5)
- Court procedure (4)
- Criminal defendants (4)
- Due process (4)
- Habeas corpus (4)
- Trial procedure (4)
- Capital cases (3)
- Federal Sentencing Guidelines (3)
- Federal habeas corpus (3)
- Legal procedure (3)
- Plea bargaining (3)
- Search and seizure (3)
- Sentencing guidelines (3)
- Sixth Amendment (3)
- Arrest warrants (2)
- Arrests (2)
- Booker (2)
- Common law (2)
- Comparative criminal law (2)
- Constitutional law (2)
- Criminal appeals (2)
- Criminal cases (2)
- Criminal justice system (2)
- Criminal law reform (2)
- Publication Year
Articles 1 - 30 of 117
Full-Text Articles in Law
Indiana Supreme Court Chief Justice Commends Work Of Iu Faculty During Annual State Of The Judiciary, James Owsley Boyd
Indiana Supreme Court Chief Justice Commends Work Of Iu Faculty During Annual State Of The Judiciary, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
No abstract provided.
Meet Our New Faculty: Yvette Butler, James Owsley Boyd
Meet Our New Faculty: Yvette Butler, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Associate Professor Yvette T. Butler joined the Indiana Law faculty this summer. She earned an undergraduate degree from the University of Minnesota, Morris, and her law degree from The George Washington University Law School.
Harm, Sex, And Consequences, India Thusi
Harm, Sex, And Consequences, India Thusi
Articles by Maurer Faculty
At a moment in history when this country incarcerates far too many people, criminal legal theory should set forth a framework for reexamining the current logic of the criminal legal system. This Article is the first to argue that “distributive consequentialism,” which centers the experiences of directly impacted communities, can address the harms of mass incarceration and mass criminalization. Distributive consequentialism is a framework for assessing whether criminalization is justified. It focuses on the outcomes of criminalization rather than relying on indeterminate moral judgments about blameworthiness, or “desert,” which are often infected by the judgers’ own implicit biases. Distributive consequentialism …
Debunked, Discredited, But Still Defended: Why Prosecutors Resist Challenges To Bad Science And Some Suggestions For Crafting Remedies For Wrongful Conviction Based On Changed Science, Aviva A. Orenstein
Articles by Maurer Faculty
Flawed science has significantly contributed to wrongful convictions. Courts struggle with how to address such convictions when the mistaken science (such as bogus expert claims about the differences between accidental fires and intentionally set ones) significantly affected the guilty verdict but there is no DNA evidence to directly exonerate the accused. My short piece explores why prosecutors often defend bad science. Mistakes in science tend to serve the prosecution, but there are other more subtle factors that explain prosecutors’ reluctance to address flawed forensic testimony. Such reluctance may arise from fondness for the status quo and a resistance to subverting …
Police Violence And Ferguson: (En)Racing Criminal Procedure, Jeannine Bell
Police Violence And Ferguson: (En)Racing Criminal Procedure, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.
Forfeiture Of Confrontation Rights And The Complicated Dynamics Of Domestic Violence: Some Thoughts Inspired By Myrna Raeder, Aviva A. Orenstein
Forfeiture Of Confrontation Rights And The Complicated Dynamics Of Domestic Violence: Some Thoughts Inspired By Myrna Raeder, Aviva A. Orenstein
Articles by Maurer Faculty
In this essay and memorial to my friend and colleague, Myrna Raeder, I examine forfeiting the right of confrontation in the context of domestic violence cases. In 2004, Crawford v. Washington the United States Supreme Court reinterpreted the Sixth Amendment, requiring that for “testimonial statements” to be offered against the accused, the speaker must appear in court, or, if unavailable, must have been subject to cross-examination previously. The practical effect of Crawford was to exclude many out-of-court statements that had previously been admissible. Nowhere was the effect of Crawford more striking than in domestic violence cases, where victims often make …
In Defense Of The Finality Of Criminal Sentences On Collateral Review, Ryan W. Scott
In Defense Of The Finality Of Criminal Sentences On Collateral Review, Ryan W. Scott
Articles by Maurer Faculty
No abstract provided.
The Skeptic’S Guide To Information Sharing At Sentencing, Ryan W. Scott
The Skeptic’S Guide To Information Sharing At Sentencing, Ryan W. Scott
Articles by Maurer Faculty
The “information sharing model,” a leading method of structuring judicial discretion at the sentencing stage of criminal cases, has attracted broad support from scholars and judges. Under this approach, sentencing judges should have access to a robust body of information, including written opinions and statistics, about previous sentences in similar cases. According to proponents, judges armed with that information can conform their sentences to those of their colleagues or identify principled reasons for distinguishing them, reducing inter-judge disparity and promoting rationality in sentencing law. This Article takes a skeptical view of the information sharing model, arguing that it suffers from …
The Skeptic's Guide To Information Sharing At Sentencing, Ryan W. Scott
The Skeptic's Guide To Information Sharing At Sentencing, Ryan W. Scott
Articles by Maurer Faculty
The “information sharing model,” a leading method of structuring judicial discretion at the sentencing stage of criminal cases, has attracted broad support from scholars and judges. Under this approach, sentencing judges should have access to a robust body of information, including written opinions and statistics, about previous sentences in similar cases. According to proponents, judges armed with that information can conform their sentences to those of their colleagues or identify principled reasons for distinguishing them, reducing inter-judge disparity and promoting rationality in sentencing law.
This Article takes a skeptical view of the information sharing model, arguing that it suffers from …
Innocence And Federal Habeas After Aedpa: Time For The Supreme Court To Act, Joseph L. Hoffmann
Innocence And Federal Habeas After Aedpa: Time For The Supreme Court To Act, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva A. Orenstein
Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva A. Orenstein
Articles by Maurer Faculty
As this memorial volume illustrates, Fred Zacharias wrote insightfully on many aspects of the legal profession, covering a wide-range of ethical topics and analyzing many aspects of lawyers’ work. He was interested in the lives of lawyers and believed they owed a duty to society beyond an exclusive focus on individual clients’ interests.
This Article develops a question that intrigued Fred: Prosecutors’ duties postconviction to prisoners who might be innocent. Although Fred wrote about a panoply of questions that arise regarding the prosecutor’s duty to “do justice” after conviction, this Article will address one specific area of concern: how and …
Race Disparity Under Advisory Guidelines: Dueling Assessments And Potential Responses, Ryan W. Scott
Race Disparity Under Advisory Guidelines: Dueling Assessments And Potential Responses, Ryan W. Scott
Articles by Maurer Faculty
Dueling studies of race disparity, one by the U.S. Sentencing Commission (USSC, 2010) and an alternative analysis published in this issue by Ulmer, Light, and Kramer (2011), diverge sharply in their methodological choices and in their characterization of trends in federal sentencing. The Commission’s study suggests a marked increase in race disparity, differences in sentencing outcomes between racial groups that cannot be explained by controlling for relevant nonrace factors, after the Supreme Court’s decisions in United States v. Booker (2005) and Gall v. United States (2007). Those decisions rendered the federal Sentencing Guidelines advisory and set a highly deferential standard …
Delay In Process, Denial Of Justice: The Jurisprudence And Empirics Of Speedy Trials In Comparative Perspective, Jayanth K. Krishnan, C. Raj Kumar
Delay In Process, Denial Of Justice: The Jurisprudence And Empirics Of Speedy Trials In Comparative Perspective, Jayanth K. Krishnan, C. Raj Kumar
Articles by Maurer Faculty
Criminal law scholars regularly maintain that American prisons are overcrowded and that defendants in custody wait long periods of time before having their cases brought to trial. A similar refrain is made of the penal process in India – the world’s largest democracy, an ally of the United States, and a country with a judiciary that has drawn upon American criminal procedure law. In fact, the situation in India is thought to be much worse. Accounts of prisoners languishing behind bars for several years – and sometimes decades – awaiting their day in court are not uncommon. And many Indian …
"Sticky Metaphors" And The Persistence Of The Traditional Voluntary Manslaughter Doctrine, Joseph L. Hoffmann, Elise J. Percy, Steven J. Sherman
"Sticky Metaphors" And The Persistence Of The Traditional Voluntary Manslaughter Doctrine, Joseph L. Hoffmann, Elise J. Percy, Steven J. Sherman
Articles by Maurer Faculty
No abstract provided.
Right Problem; Wrong Solution, Joseph L. Hoffmann, Nancy J. King
Right Problem; Wrong Solution, Joseph L. Hoffmann, Nancy J. King
Articles by Maurer Faculty
No abstract provided.
Melendez-Diaz And The Right To Confrontation, Craig M. Bradley
Melendez-Diaz And The Right To Confrontation, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley
Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Inter-Judge Sentencing Disparity After Booker: A First Look, Ryan W. Scott
Inter-Judge Sentencing Disparity After Booker: A First Look, Ryan W. Scott
Articles by Maurer Faculty
A central purpose of the Sentencing Reform Act was to reduce inter-judge sentencing disparity, driven not by legitimate differences between offenders and offense conduct, but by the philosophy, politics, or biases of the sentencing judge. The federal Sentencing Guidelines, despite their well-recognized deficiencies, succeeded in reducing that form of unwarranted disparity. But in a series of decisions from 2005 to 2007, the Supreme Court rendered the Guidelines advisory (Booker), set a highly deferential standard for appellate review (Gall), and explicitly authorized judges to reject the policy judgments of the Sentencing Commission (Kimbrough). Since then, the Commission has received extensive anecdotal …
Rethinking The Federal Role In State Criminal Justice, Joseph L. Hoffmann, Nancy J. King
Rethinking The Federal Role In State Criminal Justice, Joseph L. Hoffmann, Nancy J. King
Articles by Maurer Faculty
This Essay argues that federal habeas review of state criminal cases squanders resources the federal government should be using to help states reform their systems of defense representation. A 2007 empirical study reveals that federal habeas review is inaccessible to most state prisoners convicted of non-capital crimes, and offers no realistic hope of relief for those who reach federal court. As a means of correcting or deterring constitutional error in non-capital cases, habeas is failing and cannot be fixed. Drawing upon these findings as well as the Supreme Court's most recent decision applying the Suspension Clause, the authors propose that …
Interrogation And Silence: A Comparative Study, Craig M. Bradley
Interrogation And Silence: A Comparative Study, Craig M. Bradley
Articles by Maurer Faculty
This article examines interrogation practices in detail in three systems: the American, the English (and Welsh), and the Canadian while also discussing rules from various other countries. It considers when the Miranda-type warnings (required in all three systems) must be given and when suspects will be deemed to have waived their rights. This article further discusses how reliability and voluntariness of confession is assured. Finally, a particular emphasis is placed on the issue of when a suspect's silence during interrogation may be used against him in court. The article concludes that American courts have not done enough to ensure reliability …
Envisioning Post-Conviction Review For The Twenty-First Century, Joseph L. Hoffmann, Nancy J. King
Envisioning Post-Conviction Review For The Twenty-First Century, Joseph L. Hoffmann, Nancy J. King
Articles by Maurer Faculty
No abstract provided.
Special Issues Raised By Rape Trials, Aviva A. Orenstein
Special Issues Raised By Rape Trials, Aviva A. Orenstein
Articles by Maurer Faculty
Rape cases reveal core conflicts in the space where evidence, law, and ethics intersect. Such conflicts include the tension between victim protection and the rights of the accused, the challenges attorneys face trying to negotiate the demands of sensitive and emotionally difficult cases, and the role of the law in counteracting stereotypes and bias.
In this essay, I will begin by presenting the cultural milieu surrounding rape allegations, briefly reviewing attitudes towards perpetrators and victims. Next, I will attempt to capture the legal zeitgeist concerning rape, focusing on two recent phenomena: the reversal of false rape convictions based on DNA …
The Reasonable Policeman: Police Intent In Criminal Procedure, Craig M. Bradley
The Reasonable Policeman: Police Intent In Criminal Procedure, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Sovereignty, Not Due Process: Personal Jurisdiction Over Nonresident, Alien Defendants, Austen L. Parrish
Sovereignty, Not Due Process: Personal Jurisdiction Over Nonresident, Alien Defendants, Austen L. Parrish
Articles by Maurer Faculty
The Due Process Clause with its focus on a defendant's liberty interest has become the key, if not only, limitation on a court's exercise of personal jurisdiction. This due process jurisdictional limitation is universally assumed to apply with equal force to alien defendants as to domestic defendants. With few exceptions, scholars do not distinguish between the two. Neither do the courts. Countless cases assume that foreigners have all the rights of United States citizens to object to extraterritorial assertions of personal jurisdiction.
But is this assumption sound? This Article explores the uncritical assumption that the same due process considerations apply …
"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo Thusi
"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo Thusi
Articles by Maurer Faculty
This Comment focuses on the nuances of post-Booker cooperation departures and sentence variances. Section 5K1.1 of the Guidelines governs the provision of cooperation, or substantial assistance, departures. This provision was the primary method for defendants to receive cooperation departures prior to Booker. The section 5K1.1 provision allowed substantial assistance departures where the prosecution actually benefited from the defendant’s cooperation.
First, Part I.A of this Comment will provide an overview of the original goals of the Sentencing Commission and the section 5K1.1 substantial assistance provision. Part I.B of the Comment summarizes United States v. Booker and its impact on cooperation departures. …
Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann
Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Deviance, Due Process, And The False Promise Of Federal Rule Of Evidence 403, Aviva A. Orenstein
Deviance, Due Process, And The False Promise Of Federal Rule Of Evidence 403, Aviva A. Orenstein
Articles by Maurer Faculty
In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413 and 414 (concerning rape and child abuse, respectively) allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity. Courts have rejected due process challenges to the new rules, holding that Federal Rule of Evidence 403 serves as a check on any fairness concerns. However, courts' application of Rule 403 in cases involving these sexual propensity rules is troubling. Relying on the legislative history of the new rules and announcing a presumption of admissibility, courts have forsaken the traditional operation of …
Federalism And The Federal Criminal Law, Craig M. Bradley
Federalism And The Federal Criminal Law, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
To Err Is Human: The Judicial Conundrum Of Curing Apprendi Error, Joshua Fairfield
To Err Is Human: The Judicial Conundrum Of Curing Apprendi Error, Joshua Fairfield
Articles by Maurer Faculty
No abstract provided.
The Middle Class Fourth Amendment, Craig M. Bradley
The Middle Class Fourth Amendment, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.