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Articles 121 - 143 of 143
Full-Text Articles in Law
Miranda And Some Puzzles Of 'Prophylactic' Rules, Evan H. Caminker
Miranda And Some Puzzles Of 'Prophylactic' Rules, Evan H. Caminker
Articles
Constitutional law scholars have long observed that many doctrinal rules established by courts to protect constitutional rights seem to "overprotect" those rights, in the sense that they give greater protection to individuals than those rights, as abstractly understood, seem to require.' Such doctrinal rules are typically called "prophylactic" rules.2 Perhaps the most famous, or infamous, example of such a rule is Miranda v. Arizona,' in which the Supreme Court implemented the Fifth Amendment's privilege against self-incrimination4 with a detailed set of directions for law enforcement officers conducting custodial interrogations, colloquially called the Miranda warnings. 5
Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel
Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel
Articles
When I was first introduced to the constitutional regulation of criminal procedure in the mid-1950s, a single issue dominated the field: To what extent did the due process clause of the Fourteenth Amendment impose upon states the same constitutional restraints that the Fourth, Fifth, Sixth and Eighth Amendments imposed upon the federal government? While those Bill of Rights provisions, as even then construed, imposed a broad range of constitutional restraints upon the federal criminal justice system, the federal system was (and still is) minuscule as compared to the combined systems of the fifty states. With the Bill of Rights provisions …
A Suggestion On Suggestion, Richard D. Friedman, Stephen J. Ceci
A Suggestion On Suggestion, Richard D. Friedman, Stephen J. Ceci
Articles
Part I of the full article briefly describes the history and current slate of research into children's suggestibility. In this part, we argue that, although psychological researchers disagree considerably over the degree to which he suggestibility of young children may lead to false allegations of sexual abuse, there is an overwhelming consensus that children are suggestible to a degree that, we believe, must be regarded as significant. In presenting this argument, we respond to the contentions of revisionist scholars, particularly those recently expressed by Professor Lyon. We show that there is good reason to believe the use of highly suggestive …
Race, Peremptories, And Capital Jury Deliberations, Samuel R. Gross
Race, Peremptories, And Capital Jury Deliberations, Samuel R. Gross
Articles
In Lonnie Weeks's capital murder trial in Virginia in 1993, the jury was instructed: If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt, either of the two alternative aggravating factors], and as to that alternative you are unanimous, then you may fix the punishment of the defendant at death or if you believe from all the evidence that the death penalty is not justified, then you shall fix the punishment of the defendant at life imprisonment ... This instruction is plainly ambiguous, at least to a lay audience. Does it mean that if the …
Asymmetry, Fairness, & Criminal Trials, Stephen E. Hessler
Asymmetry, Fairness, & Criminal Trials, Stephen E. Hessler
Michigan Law Review
Rules of criminal procedure, like all rules of legal procedure, exist to advance the goals of the corresponding substantive law. To ask whether American criminal justice - pursued through the operation of these procedural rules - is fair is to engage in a debate that has persisted since the Founding. More recently, the early twentieth century witnessed a revolution against the procedural formalism of preceding decades. Whether justified or not, the perception flourished that the legal system's dogmatic adherence to process allowed many criminals to escape punishment, and endangered society. The public statements of the era's most prominent jurists were …
Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar
Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Procedural Reforms In Capital Cases Applied To Perjury, 34 J. Marshall L. Rev. 453 (2001), Steven Clark
Procedural Reforms In Capital Cases Applied To Perjury, 34 J. Marshall L. Rev. 453 (2001), Steven Clark
UIC Law Review
No abstract provided.
Righting Illinois' Wrongs: Suggestions For Reform And A Call For Abolition, 34 J. Marshall L. Rev. 469 (2001), Sharone Levy
Righting Illinois' Wrongs: Suggestions For Reform And A Call For Abolition, 34 J. Marshall L. Rev. 469 (2001), Sharone Levy
UIC Law Review
No abstract provided.
Something Is Rotten In The Interrogation Room: Let's Try Video Oversight, 34 J. Marshall L. Rev. 537 (2001), Wayne T. Westling
Something Is Rotten In The Interrogation Room: Let's Try Video Oversight, 34 J. Marshall L. Rev. 537 (2001), Wayne T. Westling
UIC Law Review
No abstract provided.
Reflections On When "We, The People" Kill, 34 J. Marshall L. Rev. 713 (2001), Michael P. Seng
Reflections On When "We, The People" Kill, 34 J. Marshall L. Rev. 713 (2001), Michael P. Seng
UIC Law Review
No abstract provided.
It’S All About What You Know: The Specific Intent Standard Should Govern "Knowing" Violations Of The Clean Water Act, Randall S. Abate, Dayna E. Mancuso
It’S All About What You Know: The Specific Intent Standard Should Govern "Knowing" Violations Of The Clean Water Act, Randall S. Abate, Dayna E. Mancuso
Journal Publications
Part I of this Article examines the historical and conceptual foundations of the specific intent standard as applied both outside and within the environmental law context. Part II addresses the historical and conceptual foundations of the general intent standard, also outside and within the environmental law context. Part III reviews the history of the conflict between application of the specific intent and general intent standards in prosecutions for knowing violations of the Clean Water Act. Part IV presents arguments that support application of the specific intent standard to knowing violation cases under section 309(c)(2)(A) of the CWA. Part V analyzes …
Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher
Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher
Articles by Maurer Faculty
No abstract provided.
Questioning The Rights Of Juvenile Prisoners During Interrogation , Adam Mizock
Questioning The Rights Of Juvenile Prisoners During Interrogation , Adam Mizock
Cleveland State Law Review
Part I of this Note will review a recent Colorado case involving the interrogation of a juvenile prisoner and the application of the additional-restraint factors within a totality-of-the-circumstances analysis. Part II will analyze how the decision in the Colorado case and the additional-restraint factors comport with the meaning of "custody" as set forth in U.S. courts' jurisprudence on custodial interrogations. Part III will propose that juvenile prisoners should be presumed in custody for Miranda purposes absent exceptional circumstances. It then will present the justification for this presumption, including a discussion of the solicitude normally provided to juveniles in the criminal …
Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas
Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Apprendi V. New Jersey: Back To The Future?, Joseph L. Hoffmann
Apprendi V. New Jersey: Back To The Future?, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Look Who's Extrapolating: A Reply To Hoffmann, Valerie West, Jeffery Fagan, James S. Liebman
Look Who's Extrapolating: A Reply To Hoffmann, Valerie West, Jeffery Fagan, James S. Liebman
Faculty Scholarship
In late March, a reporter called with news of a pirated copy of Professor Joseph Hoffinann's soon-to-be-published "attack" on our study, A Broken System: Error Rates in Capital Cases, 1973-1995. Did we care to comment? Obtaining our own copy revealed that Professor Hoffmann's fusillade missed its mark (he misstates what we did) and boomeranged (his mischaracterizations of our analysis accurately describe his own). We do care to comment, and Hoffmann and the Indiana Law Journal have graciously let us do so.
Hoffmann's main claim is that we "extrapolated" the 68% rate of reversible error we reported for capital verdicts …
Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye
Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye
LLM Theses and Essays
Concurrent criminal jurisdiction depicts a scenario where two or more judicial systems have the legal capacity to investigate, prosecute and punish an accused person for the same criminal acts under their respective, separate jurisdiction. This usually occurs between sovereign states. In the realm of crimes under international law, the distinguishing characteristic is the universal jurisdiction that is conferred on all States to prosecute and punish the perpetrators of such crimes. The "cumulative effect of these different principles of jurisdiction sometimes is to vest multiple states with concurrent jurisdiction to prosecute a given crime. This paper would attempt to analyze the …
The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan
The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan
Faculty Scholarship
No abstract provided.
Miranda Thirty-Five Years Later: A Close Look At The Majority And Dissenting Opinions In Dickerson, Yale Kamisar
Miranda Thirty-Five Years Later: A Close Look At The Majority And Dissenting Opinions In Dickerson, Yale Kamisar
Articles
Over the years, Miranda v. Arizona1 has been criticized both for going too far2 and for not going far enough.3 Nevertheless, on the basis of talks with many criminal procedure professors in the sixteen months between the time a panel of the Fourth Circuit upheld a statute (18 U.S.C. § 3501) purporting to "overrule" Miranda and a 7-2 majority of the Supreme Court overturned that ruling in the case of Dickerson v. United States,4 I am convinced that most criminal procedure professors wanted the Supreme Court to do what it did-"reaffirm" Miranda. This is not surprising. As Professor Grano once …
From Miranda To §3501 To Dickerson To...(Symposium: Miranda After Dickerson: The Future Of Confession Law), Yale Kamisar
From Miranda To §3501 To Dickerson To...(Symposium: Miranda After Dickerson: The Future Of Confession Law), Yale Kamisar
Articles
Once the Court granted [certiorari in Dickerson] court-watchers knew the hour had come. At long last the Court would have to either repudiate Miranda, repudiate the prophylactic-rule cases [the cases viewing Miranda's requirements as not rights protected by the Constitution, but merely "prophylactic rules"] or offer some ingenious reconciliation of the two lines of precedent. The Supreme Court of the United States, however, doesn't "have to" do anything, as the decision in Dickerson once again reminds us.
Does Apprendi V. New Jersey Change The Standard Of Proof In Criminal Forfeiture Cases?, Stefan D. Cassella
Does Apprendi V. New Jersey Change The Standard Of Proof In Criminal Forfeiture Cases?, Stefan D. Cassella
Kentucky Law Journal
No abstract provided.
An "Effective Death Penalty"? Aedpa And Error Detection In Capital Cases, James S. Liebman
An "Effective Death Penalty"? Aedpa And Error Detection In Capital Cases, James S. Liebman
Faculty Scholarship
On June 11, 2001, the United States of America executed Timothy McVeigh. Dwarfed among the many unspeakable evils that Mr. McVeigh wrought is a speakable one I will address here, namely, the so-called Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA").
Abbreviated, AEDPA's political history is as follows: In November 1994, the "Gingrich Congress" was elected on its Contract with America platform. One of the planks of that platform – one of the few that actually ended up passing Congress – was the so-called "Effective Death Penalty Act." That proposal had little to do with the death penalty and, …
Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein
Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein
Richard Adelstein
A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.