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Articles 1 - 30 of 39
Full-Text Articles in Law
The Ambiguity Of Accountability: Deaths In Custody, And The Regulation Of Police Power, Mark Findlay
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
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
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
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
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
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
Law, Culture, And Harassment, Anita Bernstein
Faculty Scholarship
No abstract provided.
Guilty Pleas, Meredith Kolsky Lewis
A World Without Privacy: Why Property Does Not Define The Limits Of The Right Against Unreasonable Searches And Seizures, Sherry F. Colb
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
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
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
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
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
Sentencing: Capital Punishment, Jodi L. Short, Mark D. Spoto
Faculty Scholarship
No abstract provided.
The Theories Of Federal Habeas Corpus, Evan Tsen Lee
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
"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden
Faculty Scholarship
No abstract provided.
On The Moral Irrelevance Of Bodily Movements, George P. Fletcher
On The Moral Irrelevance Of Bodily Movements, George P. Fletcher
Faculty Scholarship
In the mess of confusions called Anglo-American criminal law, writers commonly refer to the "problem of punishing omissions." There is something untoward, they say, about imposing criminal liability on the bystander who could intervene to save a drowning child and fails to do so. Punishing acts in violation of the law is all right, but there is some special difficulty, never completely understood and clarified, about imposing liability for omissions.
The confusion about omissions has suffered unnecessary compounding by the organization of one of the leading casebooks on criminal law. Apparently not quite sure where to locate their cases on …
Spelling Guilt Out Of A Record? Harmless Error Review Of Conclusive Mandatory Presumptions And Elemental Misdescriptions, John M. Greabe
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 …
The Consent Exception To The Warrant Requirement, H. Patrick Furman
The Consent Exception To The Warrant Requirement, H. Patrick Furman
Publications
No abstract provided.
Keeping Cross-Examination Under Control, J. Alexander Tanford
Keeping Cross-Examination Under Control, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth
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
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
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
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
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
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
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
The New Reno Bluesheet: A Little More Candor Regarding Prosecutorial Discretion, Sara Sun Beale
Faculty Scholarship
No abstract provided.
The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley
The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.