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Full-Text Articles in Law
Constitutional Criminal Procedure, James P. Fleissner, Sarah B. Mabery, Jeanne L. Wiggins
Constitutional Criminal Procedure, James P. Fleissner, Sarah B. Mabery, Jeanne L. Wiggins
Mercer Law Review
This Article surveys noteworthy 2000 decisions of the United States Court of Appeals for the Eleventh Circuit in the field commonly known as Constitutional Criminal Procedure. As in past years, the survey focuses on significant decisions concerning the Fourth Amendment's protection against unreasonable searches and seizures; the Fifth Amendment's privilege against self-incrimination, prohibition against double jeopardy, and guarantees of due process and grand jury screening; and the Sixth Amendment's procedural protections, including the right to counsel and the right of confrontation. Of course, most of these rights, with few exceptions, such as the right to have charges approved by a …
Federal Sentencing Guidelines, Rosemary T. Cakmis, James T. Skuthan
Federal Sentencing Guidelines, Rosemary T. Cakmis, James T. Skuthan
Mercer Law Review
Compared to the previous two years, the Eleventh Circuit issued relatively few published opinions relating to the United States Sentencing Guidelines ("U.S.S.G.") during 2000. This decline could be the result of fewer guidelines cases being presented to the Eleventh Circuit or more guideline cases being disposed of in unpublished opinions. An equally likely explanation, however, may be that the court has been inundated with cases involving the application of the landmark United States Supreme Court decision in Apprendi v. New Jersey. Courts across the nation have been grappling with the ripple effects of the potentially far reaching applications of …
Apprendi V. New Jersey: Should Any Factual Determination Authorizing An Increase In A Criminal Defendant's Sentence Be Proven To A Jury Beyond A Reasonable Doubt, Jason Ferguson
Mercer Law Review
In Apprendi v. New Jersey, the United States Supreme Court held, with the exception of the fact of prior criminal convictions, that any factual determination that authorizes an increased sentence beyond the statutory maximum must be proven to a jury beyond a reasonable doubt.
The Inherent Constitutionality Of The Police Use Of Deadly Force To Stop Dangerous Pursuits, Michael Douglas Owens
The Inherent Constitutionality Of The Police Use Of Deadly Force To Stop Dangerous Pursuits, Michael Douglas Owens
Mercer Law Review
Every day in our country, police agencies pursue criminal suspects who are unlawfully attempling to elude them. Reality-based television shows, such as Cops and the Police Videos series on the Fox Network, bring home to the public some measure of the adrenaline-producing excitement that automobile pursuits engender. Rarely, however, does one see the tragedy that often results from these pursuits. While reliable nationwide statistics on police pursuits are not available, various studies depict the rate of accidents as ranging from twenty-nine percent to seventy percent, with a rate of injury ranging from eleven percent to twenty-seven percent. Injuries and deaths …
Garner V. Jones: Restricting Prisoners' Ex Post Facto Challenges To Changes In Parole Systems, Robert A. Renjel
Garner V. Jones: Restricting Prisoners' Ex Post Facto Challenges To Changes In Parole Systems, Robert A. Renjel
Mercer Law Review
In Garner v. Jones, the United States Supreme Court laid out rules for lower courts to determine whether granting parole boards the discretion to change retroactively the frequency of parole reconsideration hearings would violate the Ex Post Facto Clause. The Court held that a prisoner challenging one of these statutes must produce certain evidence that the statute "created a significant risk of increasing his punishment."
Carruthers V. State: Thou Shalt Not Make Direct Religious References In Closing Argument, Marcus S. Henson
Carruthers V. State: Thou Shalt Not Make Direct Religious References In Closing Argument, Marcus S. Henson
Mercer Law Review
In Carruthers v. State, the Georgia Supreme Court addressed the very "precise line" that must be drawn between religious references that are permissible and those that must not be allowed in the sentencing phase of capital cases. Specifically, the court held that the prosecutor's use of direct quotations from the Bible "invoked a higher moral authority and diverted the jury from the discretion provided to them under state law." The court ultimately found that the allowance of these direct religious references, over the objection of defense counsel, constituted an impermissible violation of defendant's right to due process.
Ohler V. United States: Defendants Waive Appellate Review By Reducing The Sting Of Prior Conviction Impeachment Evidence, Misty Dawn Garrett
Ohler V. United States: Defendants Waive Appellate Review By Reducing The Sting Of Prior Conviction Impeachment Evidence, Misty Dawn Garrett
Mercer Law Review
In Ohler v. United States, the United States Supreme Court adopted a per se waiver rule holding that a defendant waives the right to appeal an in limine ruling permitting the government to impeach the defendant with evidence of a prior conviction when the defendant introduced the evidence on direct examination in an effort to reduce the sting of the evidence.