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Articles 1 - 6 of 6
Full-Text Articles in Law
Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb
Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
The Rights Of The Accused In A 'Crime Crisis', Yale Kamisar
The Rights Of The Accused In A 'Crime Crisis', Yale Kamisar
Book Chapters
"I grieve for my country to say that the administration of the criminal law in all the states in the Union (there may be one or two exceptions) is a disgrace to our civilization .... The institution of trial by jury has come to be regarded as such a fetish in our country that state legislatures have exalted the power of the jury and diminished the power of the court .... The counsel for the defense, relying on the diminished power of the court, creates, by dramatic art and by harping on the importance of unimportant details, a false atmosphere …
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Faculty Publications
No abstract provided.
Informants And The Fourth Amendment: A Reconsideration, Tracey Maclin
Informants And The Fourth Amendment: A Reconsideration, Tracey Maclin
UF Law Faculty Publications
This Article argues that the Court's current interpretation of the Fourth Amendment, which sanctions the government's authority to insert secret spies and informants into our lives, is misguided. Part I highlights the historical background of the Fourth Amendment to show why its procedural safeguards are relevant when considering whether the government should be free of constitutional restraint when deploying informants and spies in our homes and offices. Part II will explain and critique the Court's cases on informants. Part III contends that the Court's doctrine on informants rests on a fallacious conception of privacy. As an alternative to the current …
Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi
Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi
Publications
No abstract provided.
Having It Both Ways: Proof That The U.S. Supreme Court Is "Unfairly" Prosecution-Oriented, Christopher Slobogin
Having It Both Ways: Proof That The U.S. Supreme Court Is "Unfairly" Prosecution-Oriented, Christopher Slobogin
Vanderbilt Law School Faculty Publications
If the assertions that this essay makes about the Court's "unfair" prosecution-orientation withstand scrutiny," two further conclusions might follow. First, the highest court in the country is so fixated on ensuring that a particular side wins that it is willing with some frequency to sacrifice the most basic attribute of any court worthy of the name-the appearance of fairness. This conclusion is a much more fundamental challenge to the Court's integrity than is the simple acknowledgement that a majority of the Justices are biased in favor of the government. Second, to the extent the Court's unfairness becomes common knowledge, its …