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Articles 1 - 4 of 4
Full-Text Articles in Law
Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller
Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller
Journal Articles
The power of privacy is diminishing in the prison setting, and yet privacy is the legal theory prisoners rely upon most to resist searches by correctional officers. Incarcerated women in particular rely upon privacy to shield them from the kind of physical contact that male guards have been known to abuse. The kind of privacy that protects prisoners from searches by guards of the opposite sex derives from several sources, depending on the factual circumstances. Although some form of bodily privacy is embodied in the First, Fourth, Eighth, and Fourteenth Amendments, prisoners challenging the constitutionality of cross-gender searches most commonly …
Congressional Power To Require Dna Testing, Larry Yackle
Congressional Power To Require Dna Testing, Larry Yackle
Faculty Scholarship
Many states fail to conduct, or even to permit, DNA testing of biological materials in circumstances in which the results might exonerate convicts under sentence of death. Senator Patrick Leahy thinks that Congress should enact a statute requiring states to provide for testing when it promises to reveal the truth. Leahy's idea is sensible as a matter of policy. I mean in this Article to argue that it is also constitutionally feasible.
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 …
Federal Habeas Corpus In A Nutshell, Larry Yackle
Federal Habeas Corpus In A Nutshell, Larry Yackle
Faculty Scholarship
Newcomers to the capital punishment controversy may be puzzled by ubiquitous references to the common law writ of habeas corpus. What, you may ask, does the Great Writ have to do with the death penalty? The answer is: virtually everything. The lower federal courts have no ordinary appellate jurisdiction to review state criminal judgments for error. They adjudicate federal constitutional claims in death penalty cases primarily by entertaining habeas corpus petitions from death row prisoners. But for federal habeas corpus, capital sentences imposed for state criminal offenses would be examined only in state court and, occasionally, in the Supreme Court …