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Preventive Detention, Character Evidence, And The New Criminal Law, Ted Sampsell-Jones
Preventive Detention, Character Evidence, And The New Criminal Law, Ted Sampsell-Jones
Faculty Scholarship
A new criminal law has emerged in the last quarter century. The dominant goal of the new criminal law is preventive detention-incarceration to incapacitate dangerous persons. The emergence of the new criminal law has remade both sentencing law and definitions of crimes themselves. The new criminal law has also begun to remake the law of evidence. As incapacitation has become an accepted goal of criminal punishment, the rationale of the character rule has become less compelling, and the rule itself has begun to wane in criminal practice. These changes have been subtle, but they have also been both radical and …
On Silence: A Reply To Professors Cribari And Judges, Ted Sampsell-Jones
On Silence: A Reply To Professors Cribari And Judges, Ted Sampsell-Jones
Faculty Scholarship
In 2009, the author wrote an article on the Self-Incrimination Clause. In response to this article, Professors Cribari and Judges wrote a Response suggesting that the author was an abolitionist of the Self-Incrimination Clause. This article is intended to clarify the author's position on the Self-Incrimination Clause and on Griffin v. California. The article begins by explaining the purposes of the Self-Incrimination Clause and highlighting the differences between the right to testify and the right to remain silent. It then analyzes the "test the prosecution" reasoning for the Griffin rule, pointing out its shortcomings and lack of Constitutional basis. The …