Law Commons^™

The Ambiguity Of Accountability: Deaths In Custody, And The Regulation Of Police Power, Mark Findlay

Research Collection Yong Pung How School Of Law

Policing is power. Police authority relies on transactions or relationships of power and influence. The nature of that authority depends on, and takes its form from specific environments of opportunity. Opportunity is, in turn, designated by the aspirations for such relationships, and structures and processes at work towards their regulation. Police authority can be confirmed either legitimately or illegitimately, depending on its context. Essential to the operation of police authority are the "boundaries of permission" which designate the dominion of police power. A principal regulator of police authority, and therefore an important mechanism whereby boundaries of permission are determined, is …

Testing Penry And Its Progeny , Deborah W. Denno

Faculty Scholarship

In Penry v. Lynaugh, the United States Supreme Court held that the Texas death penalty statute was applied unconstitutionally because the trial court gave no instructions allowing the jury to “consider and give effect to” the defendant's mitigating evidence of organic brain damage, moderate retardation, and disadvantaged background. The Court considered these mitigating factors relevant because of society's steadfast belief in the lesser culpability of defendants whose criminal acts are due to a disadvantaged background, or to emotional and mental disorders. The jury must have full consideration of such evidence in order to give its “reasoned moral response” to the …

Prosecutors And Domestic Violence: Local Leadership Makes A Difference, Janet E. Findlater, Dawn Van Hoek

Law Faculty Research Publications

No abstract provided.

Double Jeopardy, The Federal Sentencing Guidelines, And The Subsequent-Prosecution Dilemma, Elizabeth T. Lear

UF Law Faculty Publications

The choice to embrace a real-offense regime probably constitutes the single most controversial decision made by the Federal Sentencing Commission in drafting the Federal Sentencing Guidelines ("Guidelines"). Real-offense sentencing bases punishment on a defendant's actual conduct as opposed to the offense of conviction. The Guidelines sweep a variety of factors into the sentencing inquiry, including criminal offenses for which no conviction has been obtained. Under the Guidelines, therefore, prosecutorial charging decisions and even verdicts of acquittal after jury trial may have little impact at sentencing.

Long before the adoption of the Guidelines, courts bent on rationalizing the real-offense regime devised …

A Town Hall Meeting On Three Strikes And You're Out, The Hon. William J. Cahill, Moderator

California Agencies

A community discussion of the new law, the initiative, alternatives to prison .

Assuming Facts Not In Evidence: A Response To Russell M. Coombs, Reforming New Jersey Evidence Law On Fresh Complaint Of Rape, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.

Law, Culture, And Harassment, Anita Bernstein

Faculty Scholarship

No abstract provided.

Guilty Pleas, Meredith Kolsky Lewis

Journal Articles

No abstract provided.

A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.

Overbroad Civil Forfeiture Statutes Are Unconstitutionally Vague, Deborah Duseau, David Schoenbrod

Articles & Chapters

No abstract provided.

Connecticut V. Doehr And Procedural Due Process Requirements For Prejudgment Remedies: The Sniadach Tetrad Revisited, Linda Beale

Law Faculty Research Publications

No abstract provided.

An Introduction To Post-Conviction Remedies, Practice And Procedure In South Carolina, John H. Blume

Cornell Law Faculty Publications

The purpose of this article is to discuss various aspects of an inmate's available post-conviction remedies in South Carolina. Very little has been written about this topic, perhaps because post-conviction is considered by many to be the "redheaded stepchild of the legal system." Despite the importance of post-conviction remedies as a safeguard against unjust, unconstitutional, and erroneous confinements, this systemic devaluing of the importance of the post-conviction process is widespread. Convicted persons in South Carolina raising post-conviction challenges rely almost exclusively on appointed counsel, most of whom have little experience in this area of the law. Counsels' enthusiasm for the …

Police Interrogation: The Privilege Against Self-Incrimination, The Right To Counsel, And The Incomplete Metamorphosis Of Justice White, 48 U. Miami L. Rev. 511 (1994), Ralph Ruebner

UIC Law Open Access Faculty Scholarship

No abstract provided.

Of Myths And Mapp: A Response To Professor Magee, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.

Sentencing: Capital Punishment, Jodi L. Short, Mark D. Spoto

Faculty Scholarship

No abstract provided.

The Theories Of Federal Habeas Corpus, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden

Faculty Scholarship

No abstract provided.

Spelling Guilt Out Of A Record? Harmless Error Review Of Conclusive Mandatory Presumptions And Elemental Misdescriptions, John M. Greabe

Law Faculty Scholarship

Part I of this Article summarizes the history of harmless-error review. Part II explains more fully the constitutional infirmities generated by conclusive mandatory presumptions and elemental misdescriptions, and demonstrates that the unique nature of these infirmities complicates the question of how courts should review them for harmlessness. It also examines the Supreme Court's attempts to answer the questions of whether, and how, conclusive mandatory presumptions and elemental misdescriptions should be reviewed for harmlessness. In so doing, it focuses particularly on how these attempts have been undermined by the Court's failure to take account of the structural rights undermined by these …

Depravity Thrice Removed: Using The 'Heinous, Cruel, Or Depraved' Factor To Aggravate Convictions Of Nontriggermen Accomplices In Capital Cases, Richard W. Garnett

Journal Articles

In Tison v. Arizona, the Tison brothers' appeal from their death sentences, the U.S. Supreme Court held that a nontriggerman convicted of first-degree felony murder could constitutionally be executed if he was a major participant in the crime and if he exhibited a reckless disregard for human life. This decision blurred the bright-line rule announced just five years earlier in Enmund v. Florida, which limited the death penalty to defendants who kill, attempt to kill, or at least intend to kill. Tison thus dramatically increased the exposure of nontriggermen to capital punishment, undercutting the death penalty's limited purpose of identifying …

The Consent Exception To The Warrant Requirement, H. Patrick Furman

Publications

No abstract provided.

How Reasonable Is The Reasonable Man?: Police And Excessive Force, Geoffrey P. Alpert, William C. Smith

Faculty Publications

The authority of the police to use force represents one of the most misunderstood powers granted to representatives of government. Police officers are authorized to use both psychological and physical force to apprehend criminals and solve crimes. This Article focuses on issues of physical force. After a brief introduction and a review of current legal issues in the use of force, the Article discusses "reasonableness" and the unrealistic expectation which is placed on police to understand, interpret, and follow vague "reasonableness" guidelines. Until the expectations and limitations on the use of force are clarified, in behavioral terms, police officers will …

Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth

Scholarly Works

Day after day, across this country, ordinary people are summoned to court for a selection process that ultimately leaves them in a room deciding, with other jurors, whether a criminal defendant should be killed. The task handed to these jurors is an awesome, personal, moral decision, encased within the complex legal standards and procedures that constitute modern capital jurisprudence. The doctrine that created and sustains this moment of conscience reflects an ongoing struggle of rule against uncertainty, reason against emotion, justice against mercy, and thus, at one level, male against female. Capital jurisprudence -- the law for deciding whether to …

Fifth Amendment Compelled Statements: Modeling The Contours Of Their Protected Scope, Kate Bloch

Faculty Scholarship

No abstract provided.

Book Review Of Gregory M. Matoesian, Reproducing Rape, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman

Articles

In Part I of this Comment, I present a short version of my argument against the admissibility of character impeachment evidence of criminal defendants, showing how the key elements ofthis argument are present in Professor Uviller's own Article. In Part II, I suggest that, notwithstanding Professor Uviller's comments to the contrary, an asymmetrical result-never admitting character evidence to impeach criminal defendants but admitting such evidence in some circumstances to impeach other witnesses- is perfectly reasonable. Finally, in Part III, I contend that Professor Uviller's interesting judicial surveys support the solution I have proposed for the problem of character impeachment evidence.

Is Electrocution An Unconstitutional Method Of Execution? The Engineering Of Death Over The Century, Deborah W. Denno

Faculty Scholarship

This Article provides the Eighth Amendment analysis of electrocution that the courts thus far have not approached. The analysis has two parts. The first inquires whether, according to available scientific evidence, electrocution amounts to cruel and unusual punishment even if it is administered as planned. The second inquires whether, in light of the frequency with which electrocutions are botched, continuing the practice amounts to cruel and unusual punishment even if the properly administered electrocution would not.

When Terry Met Miranda: Two Constitutional Doctrines Collide, Mark A. Godsey

Faculty Articles and Other Publications

No abstract provided.

Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Bruce A. Green, Daniel C. Richman

Faculty Scholarship

No abstract provided.

The New Reno Bluesheet: A Little More Candor Regarding Prosecutorial Discretion, Sara Sun Beale

Faculty Scholarship

No abstract provided.

Categorical And Individualized Rights-Ordering On Federal Habeas Corpus, Daniel B. Yeager

Faculty Scholarship

This Article criticizes the Supreme Court's treatment of both individualized and categorical bases of relief on federal habeas corpus. Part I notes the Court's trend toward trimming the process that is due in criminal and prisoner litigation generally. This trend may explain the drop in process on habeas as well, but generally declining process cannot explain which rights, if any, should survive the decline. That would require our weighting, if not reconciling, accuracy and dignitary norms, which is the subject of Part II. In Part II, I examine Withrow v Williams, a case from the Court's 1992 Term, which, for …