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Articles 1 - 30 of 52
Full-Text Articles in Law
Common Law Tort Immunity For State Officials In West Virginia After The Parkulo V. West Virginia Board Of Probation Decision, Grant P.H. Shuman
Common Law Tort Immunity For State Officials In West Virginia After The Parkulo V. West Virginia Board Of Probation Decision, Grant P.H. Shuman
West Virginia Law Review
No abstract provided.
Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson
Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson
William & Mary Bill of Rights Journal
Professors John H. Blume and Sheri Lynn Johnson explore the occurrences of religious imagery and argument invoked by both prosecutors and defense attorneys in capital cases. Such invocation of religious imagery and argument by attorneys is not surprising, considering that the jurors who hear such arguments are making life and death decisions, and advocates, absent regulation, will resort to such emotionally compelling arguments. Also surveying judicial responses to such arguments in courts, Professors Blume and Johnson gauge the level of tolerance for such arguments in specific jurisdictions. Presenting proposed rules for prosecutors and defense counsel who wish to employ religious …
The Japanese Law On Communications Interception During Criminal Investigatons: Translator's Introduction, Yohei Suda
The Japanese Law On Communications Interception During Criminal Investigatons: Translator's Introduction, Yohei Suda
Washington International Law Journal
Japan enacted the Law on Communications Interception During Criminal Investigations last year to help control organized crime. The legislation is, in part, a reaction to domestic and international pressure that grew from recent, well-publicized crimes such as the Aur Shinrikyo attack on a Tokyo subway. The Interception Law is a powerful tool for Japanese law enforcement, however the question of whether the Interception Law violates Japan's constitutional rights to privacy and secrecy of communication has not yet been resolved.
Law On Communications Interception During Criminal Investigations, Yohei Suda
Law On Communications Interception During Criminal Investigations, Yohei Suda
Washington International Law Journal
Whereas organized crime severely damages the peace and health of society, and increasingly it is extremely difficult to clarify the truth in criminal investigations without intercepting the telephone communications or other telecommunications of criminals in serious crimes committed by conspiracy, such as organized murder and unlawful trade of drugs or firearms, the purpose of this law is to set forth the requirements, procedures, and other matters that are relevant to the invasive action of intercepting telecommunications, as provided in the Code of Criminal Procedure (Law No. 131, 1948), and are essential for dealing appropriately with such crimes, in such a …
Georgia Death Penalty Law, Mike Mears, Ken Driggs
Georgia Death Penalty Law, Mike Mears, Ken Driggs
Mercer Law Review
This Article covers death penalty decisions from the Georgia Supreme Court for the period from January 1, 1999 to May 31, 2000. It primarily discusses direct appeal decisions but reaches cases in a few other settings as well. This Article does not discuss holdings in capital cases that are common to all criminal appeals but is limited to death penalty law. Recent developments in Georgia death penalty law are considered in the order they would appear in a capital trial. In the period covered by this Article, the Georgia Supreme Court considered thirteen death sentences imposed in superior courts following …
Is Payne Defensible?: The Constitutionality Of Admitting Victim-Impact Evidence At Capital Sentencing Hearings, Joshua D. Greenberg
Is Payne Defensible?: The Constitutionality Of Admitting Victim-Impact Evidence At Capital Sentencing Hearings, Joshua D. Greenberg
Indiana Law Journal
No abstract provided.
A Fourth Amendment Problem With Probation In North Carolina, Stacy C. Eggers Iv
A Fourth Amendment Problem With Probation In North Carolina, Stacy C. Eggers Iv
Campbell Law Review
No abstract provided.
The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman
The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman
Michigan Law Review
The constitutional law of state criminal procedure was born between the First and Second World Wars. Prior to 1920, the Supreme Court had upset the results of the state criminal justice system in just a handful of cases, all involving race discrimination in jury selection. By 1940, however, the Court had interpreted the Due Process Clause of the Fourteenth Amendment to invalidate state criminal convictions in a wide variety of settings: mob-dominated trials, violation of the right to counsel, coerced confessions, financially-biased judges, and knowingly perjured testimony by prosecution witnesses. In addition, the Court had broadened its earlier decisions forbidding …
Establishing Inevitability Without Active Pursuit: Defining The Inevitable Discovery Exception To The Fourth Amendment Exclusionary Rule, Stephen E. Hessler
Establishing Inevitability Without Active Pursuit: Defining The Inevitable Discovery Exception To The Fourth Amendment Exclusionary Rule, Stephen E. Hessler
Michigan Law Review
Few doctrines of constitutional criminal procedure generate as much controversy as the Fourth Amendment exclusionary rule. Beyond the basic mandate of the rule - that evidence obtained in violation of an individual's right to be secure against unreasonable search and seizure is inadmissible in a criminal proceeding - little else is agreed upon. The precise date of the exclusionary rule's inception is uncertain, but it has been applied by the judiciary for over eight decades. While the Supreme Court has emphasized that the rule is a "judicially created remedy," and not a "personal constitutional right," this characterization provokes argument as …
Va. Code Ann. S 18.2-10(A) (Michie 2000) Va. Code Ann. S 19.2-264.4(A) (Michie 2000) Va. Code Ann. S 19.2-11.01(A)(3)(C) (Michie 2000)
Capital Defense Journal
No abstract provided.
Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann
Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann
Indiana Law Journal
No abstract provided.
Constitutional Criminal Procedure, James P. Fleissner, Amy C. Reeder
Constitutional Criminal Procedure, James P. Fleissner, Amy C. Reeder
Mercer Law Review
The field known as "constitutional criminal procedure" is one of the most dynamic branches of constitutional interpretation. Because most of the guarantees of the Fourth, Fifth, and Sixth Amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, the decisions of the United States Supreme Court interpreting the Bill of Rights have the effect of creating national minimum standards for both the federal and state criminal justice systems. Because every year there are many significant decisions in the field of constitutional criminal procedure, practitioners need to keep abreast of breaking developments. Of course, the Supreme Court decides …
Kumho Tire Co. V. Carmichael: Daubert'S Gatekeeping Method Expanded To Apply To All Expert Testimony, Jeanne Wiggins
Kumho Tire Co. V. Carmichael: Daubert'S Gatekeeping Method Expanded To Apply To All Expert Testimony, Jeanne Wiggins
Mercer Law Review
In Kumho Tire Co. v. Carmichael, the United States Supreme Court held that while the Daubert factors for determining the admissibility of expert testimony are neither determinative nor exhaustive, the gatekeeping function articulated in Daubert requires an examination of the reliability of all types of expert testimony and is not limited in application to scientific expert testimony.
Federal Sentencing Guidelines, James T. Skuthan, Rosemary T. Cakmis
Federal Sentencing Guidelines, James T. Skuthan, Rosemary T. Cakmis
Mercer Law Review
In 1999 the Eleventh Circuit Court of Appeals broke new ground on a variety of issues related to the United States Sentencing Guidelines ("U.S.S.G."). A significant number of cases interpreted firearms possession in connection with various offenses; loss calculations for fraud offenses; Chapter Three adjustments, such as role, obstruction of justice, and reckless endangerment; and U.S.S.G. Section 5K departures. At the same time, the court consistently refused to revisit previously decided issues, such as the constitutionality of the crack cocaine guidelines, and sided with the majority of circuits in resolving issues of first impression in the Eleventh Circuit
United States V. Dickerson: The Beginning Of The End For Miranda, James R. O'Neill
United States V. Dickerson: The Beginning Of The End For Miranda, James R. O'Neill
Mercer Law Review
In United States v. Dickerson, the Fourth Circuit held that the admissibility of a confession in federal courts is determined by 18 U.S.C. § 3501, not the rule announced by the Supreme Court in Miranda v. Arizona. Accordingly, the Fourth Circuit concluded, pursuant to the statute, that admissibility of a confession depends upon whether or not it is voluntary
Available Post-Trial Relief After A State Criminal Conviction When Newly Discovered Evidence Establishes "Actual Innocence", Josephine Linker Hart, Guilford M. Dudley
Available Post-Trial Relief After A State Criminal Conviction When Newly Discovered Evidence Establishes "Actual Innocence", Josephine Linker Hart, Guilford M. Dudley
University of Arkansas at Little Rock Law Review
No abstract provided.
Arkansas's Extended Juvenile Jurisdiction Act: The Balance Of Offender Rehabilitation And Accountability, Connie Hickman Tanner
Arkansas's Extended Juvenile Jurisdiction Act: The Balance Of Offender Rehabilitation And Accountability, Connie Hickman Tanner
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law And Criminal Procedure—Media Ride-Alongs Into The Home: Can They Survive A Head-On Collision Between First And Fourth Amendment Rights? Wilson V. Layne, 526 U.S. 603 (1999), Deleith Duke Gossett
Constitutional Law And Criminal Procedure—Media Ride-Alongs Into The Home: Can They Survive A Head-On Collision Between First And Fourth Amendment Rights? Wilson V. Layne, 526 U.S. 603 (1999), Deleith Duke Gossett
University of Arkansas at Little Rock Law Review
No abstract provided.
A Legal And Psychological Critique Of The Present Approach To The Assessment Of The Competence Of Child Witnesses, Nicholas Bala, Kang Lee, Rod Lindsay, Victoria Talwar
A Legal And Psychological Critique Of The Present Approach To The Assessment Of The Competence Of Child Witnesses, Nicholas Bala, Kang Lee, Rod Lindsay, Victoria Talwar
Osgoode Hall Law Journal
The Canada Evidence Act requires an inquiry to determine whether a child has the requisite moral and intellectual capacity to testify. Caselaw suggests that a child must demonstrate an understanding of abstract concepts like "truth" and "promise" to be competent to testify. This article reports on a survey of Ontario justice system professionals, revealing significant variation in how judges conduct competency inquiries. Children are often asked about religious beliefs and practices, and are frequently asked developmentally inappropriate questions. The authors also report on their experimental research which indicates that children's ability to explain such abstract concepts as "truth," "lie," and …
Challenges For Cause, Stand-Asides, And Peremptory Challenges In The Nineteenth Century, R. Blake Brown
Challenges For Cause, Stand-Asides, And Peremptory Challenges In The Nineteenth Century, R. Blake Brown
Osgoode Hall Law Journal
This article examines the substantial differences that emerged during the nineteenth century between the law of England, the United States, and Canada regarding challenges for cause, stand-asides, and peremptory challenges in the jury selection process. The author argues that these differences stemmed from the unique social conditions of each country. The emergence of legal formalism-with its emphasis on certainty and predictability in the law-affected the development of jury challenges, though the result of formalist thinking had very different effects in all three jurisdictions. In addition, Canadian law regarding jury challenges reveals the influence of both American and English legal trends.
Lilly V. Virginia: Answering The Williamson Question—Is The Statement Against Penal Interest Exception "Firmly Rooted" Under Confrontation Clause Analysis?, Kim Mark Minix
Mercer Law Review
In Lilly v. Virginia the United States Supreme Court reaffirmed the principle that the statement against penal interest exception to the hearsay rule is too large a class for effective Confrontation Clause analysis. However, the Court held that confessional statements made by an accomplice that incriminate a criminal defendant, a subcategory of this exception, are not within a "firmly rooted" exception as recognized under the Confrontation Clause.
Wyoming V. Houghton: Passengers' Belongings Subject To Searches Under The "Automobile Exception" To The Fourth Amendment's Warrant Requirements, Theresa H. Hammond
Wyoming V. Houghton: Passengers' Belongings Subject To Searches Under The "Automobile Exception" To The Fourth Amendment's Warrant Requirements, Theresa H. Hammond
Mercer Law Review
In Wyoming v. Houghton the United States Supreme Court addressed the constitutionality of conducting a warrantless search of a container under the "automobile exception" to the Fourth Amendment's warrant requirement. The Court held that when police officers have probable cause to search a vehicle, they may also search any container found in the car, including passengers' belongings, that are capable of concealing the object of the search.
Holloway V. United States: Conditional V. Unconditional Intent To Kill, Michael Douglas Owens
Holloway V. United States: Conditional V. Unconditional Intent To Kill, Michael Douglas Owens
Mercer Law Review
In Holloway v. United States, the United States Supreme Court held that the "intent to kill" element in the federal cajacking statute was satisfied by a mere conditional intent to kill. The Court reasoned that a common-sense reading of the statute indicated Congress's attempt to include the mens rea of both unconditional and conditional intent.
Disobedience And Contempt, Margit Livingston
Disobedience And Contempt, Margit Livingston
Washington Law Review
A court's power to impose contempt sanctions on recalcitrant individuals is essential to ensure orderly judicial proceedings and obedience of judicial decrees. Despite repeated efforts to distinguish between civil and criminal contempt and the procedures required for each, the U.S. Supreme Court arguably has failed to delineate a precise demarcation between the two that considers both the due process interests of alleged contemnors and the remedial needs of party plaintiffs. This Article suggests that the Court's latest major decision on the differences between civil and criminal contempt, International Union, United Mine Workers v. Bagwell, represents the high water mark …
Justice At The Margins: Equitable Tolling Of Washington's Deadline For Filing Collateral Attacks On Criminal Judgments, Mark A. Wilner
Justice At The Margins: Equitable Tolling Of Washington's Deadline For Filing Collateral Attacks On Criminal Judgments, Mark A. Wilner
Washington Law Review
RCW 10.73.090 establishes a one-year deadline for appealing a final criminal judgment in Washington State. This Comment argues that this one-year deadline should be subject to the doctrine of equitable tolling, which can prevent a statute of limitation from expiring when extraordinary circumstances preclude timely filing. After examining the text, legislative history, structure, purpose, and policy implications of RCW 10.73.090, this Comment demonstrates that the one-year deadline does not operate as a jurisdictional bar, which would revoke judicial power to hear a postconviction appeal after one year under any circumstances, but instead acts as a statute of limitation subject to …
Undoing Miranda, Michael Edmund O'Neill
Who Makes The Call? Sentencing The Firearm User Under 18 U.S.C. § 924(C) Inunited States V. Alborola-Rodriguez, David J. Williams
Who Makes The Call? Sentencing The Firearm User Under 18 U.S.C. § 924(C) Inunited States V. Alborola-Rodriguez, David J. Williams
BYU Law Review
No abstract provided.
United States V. Singleton And The Witness Gratuity Statute: What Is The Best Approach For The Criminal Justice System?, Melissa W. Rawlinson
United States V. Singleton And The Witness Gratuity Statute: What Is The Best Approach For The Criminal Justice System?, Melissa W. Rawlinson
Brigham Young University Journal of Public Law
No abstract provided.
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
University of Miami Inter-American Law Review
No abstract provided.
Procedural Default: A De Facto Exception To Civility?, Ashley Flynn
Procedural Default: A De Facto Exception To Civility?, Ashley Flynn
Capital Defense Journal
No abstract provided.