Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal Law and Procedure (5)
- Criminal Procedure (2)
- Death Penalty (2)
- Death penalty (2)
- Florida (2)
-
- Selected Professional Activities (2)
- Civil Rights (1)
- Civil Rights and Discrimination (1)
- Cloud (1)
- Community Policing (1)
- Constitutional Law (1)
- Counterterrorism (1)
- Crime and Punishment; Catholicism; Monasticism (1)
- Criminal law (1)
- Criminal procedure (1)
- Cruel and unusual (1)
- Death row (1)
- Death sentences (1)
- Double jeopardy (1)
- Duty to retreat (1)
- Edward Snowden (1)
- Eighth amendment (1)
- Fifth amendment (1)
- First Amendment (1)
- Foreign Intelligence Surveillance Act (1)
- Fourteenth Amendment (1)
- Fourth Amendment (1)
- George Zimmerman (1)
- Homegrown Terrorism (1)
- Homicide (1)
Articles 1 - 17 of 17
Full-Text Articles in Law
Cases On Criminal Procedure, Robert Bloom
Negotiating Bribery: Toward Increased Transparency, Consistency, And Fairness In Pre-Trial Bargaining Under The Foreign Corrupt Practices Act, Peter Reilly
Peter R. Reilly
No abstract provided.
“Them Feds Don’T Play Fair” : The Fourth Amendment And Cloud-Based Data, Laurie B. Serafino
“Them Feds Don’T Play Fair” : The Fourth Amendment And Cloud-Based Data, Laurie B. Serafino
Laurie B. Serafino
Scholars have frequently suggested that the Fourth Amendment ought to be applied with varying degrees of rigor depending on the seriousness of the crime investigated. Courts have largely rejected such an offense-specific approach to constitutional protections, but have demonstrated deference to the Executive Branch in matters of national security in other contexts. The particularly heightened concern raised by the threat of terrorism suggests that, at least in the context of these most serious of cases, courts ought to engage in some form of balance that recognizes the uniquely strong government interest. Such an approach, however, has to recognize that the …
Maryland Repeals The Death Penalty, But Leaves Five On Death Row: Should The State That Condemned An Innocent Man To Die Commute All Five Death Sentences?, Meredith Pendergrass
Maryland Repeals The Death Penalty, But Leaves Five On Death Row: Should The State That Condemned An Innocent Man To Die Commute All Five Death Sentences?, Meredith Pendergrass
Meredith Pendergrass
No abstract provided.
Fifteen Years And Death: Double Jeopardy, Multiple Punishments, And Extended Stays On Death Row, Michael J. Johnson
Fifteen Years And Death: Double Jeopardy, Multiple Punishments, And Extended Stays On Death Row, Michael J. Johnson
Michael P. Johnson
Fifteen Years and Death is a Note that considers a completely novel application of the Double Jeopardy Clause to excessive time on death row. Traditionally, death penalty opponents have attacked the now fifteen-year average wait time on death row as a violation of the Eighth Amendment’s prohibition on cruel and unusual punishments, but this argument has fallen flat time and time again as courts have been reluctant to find merely living in prison to be “cruel” or “unusual.” Most courts do admit, however, that such time on death row does constitute some sort of punishment. As originally imagined, the Double …
Death Watch: Change, Redemption Do Exist, David Bruck
Death Watch: Change, Redemption Do Exist, David Bruck
David I. Bruck
No abstract provided.
Criminal Procedure: From Bail To Jail, 2005, Alan Raphael
Criminal Procedure: From Bail To Jail, 2005, Alan Raphael
Alan Raphael
No abstract provided.
The Failure Of Democracy In Criminal Law, R. Michael Cassidy
The Failure Of Democracy In Criminal Law, R. Michael Cassidy
R. Michael Cassidy
No abstract provided.
Policing Terrorists In The Community, Sahar F. Aziz
Policing Terrorists In The Community, Sahar F. Aziz
Sahar F. Aziz
Twelve years after the September 11th attacks, countering domestic terrorism remains a top priority for federal law enforcement agencies. Using a variety of reactive and preventive tactics, law enforcement seeks to prevent terrorism before it occurs. Towards that end, community policing developed in the 1990s to combat violent crime in inner city communities is being adopted in counterterrorism as a means of collaborating with Muslim communities and local police to combat “Islamist” homegrown terrorism. Developed in response to paramilitary policing models, community policing is built upon the notion that effective policing requires mutual trust and relationships among law enforcement and …
Padilla Postconviction Claims In Florida: Squaring Chaidez, Hernandez And Castaño, Rebecca Sharpless, Andrew Stanton
Padilla Postconviction Claims In Florida: Squaring Chaidez, Hernandez And Castaño, Rebecca Sharpless, Andrew Stanton
Rebecca Sharpless
In Padilla v. Kentucky, the U.S. Supreme Court ruled that the Sixth Amendment requires defense attorneys to counsel their noncitizen clients about the immigration consequences of a plea. Padilla had pled guilty in state court to a drug crime and, after his conviction became final, filed a state postconviction motion alleging that his attorney rendered ineffective assistance of counsel by failing to advise him that his plea would trigger deportation. In holding that Padilla was entitled to competent advice regarding the consequences of his plea, the Court recognized what professional norms have required for at least the last two decades. …
Advisor, U.S. Veterans Court Project, Sharon Beckman
Advisor, U.S. Veterans Court Project, Sharon Beckman
Sharon Beckman
No abstract provided.
Cases On Criminal Procedure, Robert Bloom
Monastic Prisons And Torture Chambers. Crime And Punishment In Central European Monasteries, 1600-1800, Ulrich Lehner
Monastic Prisons And Torture Chambers. Crime And Punishment In Central European Monasteries, 1600-1800, Ulrich Lehner
Ulrich L. Lehner
Based on archival research and an analysis of early modern monastic canon law, the reader is introduced to how crimes were prosecuted in a monastic setting and how they were punished.
Erosion Of The Right To Remain Silent Under The Constitution Of The United States, Naoki Kanaboshi
Erosion Of The Right To Remain Silent Under The Constitution Of The United States, Naoki Kanaboshi
Naoki Kanaboshi
No abstract provided.
Prosecutorial Ethics, R. Michael Cassidy
Prosecutorial Ethics, R. Michael Cassidy
R. Michael Cassidy
This casebook explores the ethical responsibilities of a prosecutor at each stage of the criminal justice process. Focusing on ethical and constitutional constraints on prosecutorial discretion, the texts covers both Supreme Court decisions interpreting Fifth and Sixth Amendment guarantees and state rules of attorney conduct. Topics discussed include a prosecutor’s conduct during criminal investigations, charging decisions, grand jury practice, interviewing and contacting witnesses, plea bargaining, jury selection, trial conduct, and publicity. Each chapter is followed by real-world hypotheticals designed to introduce students to the ethical dilemmas typically encountered by government lawyers in criminal practice. This book is suitable for use …
United States V. Jones: Big Brother And The "Common Good" Versus The Fourth Amendment And Your Right To Privacy, Melanie M. Reid
United States V. Jones: Big Brother And The "Common Good" Versus The Fourth Amendment And Your Right To Privacy, Melanie M. Reid
Melanie M. Reid
No abstract provided.
Beyond The George Zimmerman Trial: The Duty To Retreat And Those Who Contribute To Their Own Need To Use Deadly Self-Defense, Alon Lagstein
Beyond The George Zimmerman Trial: The Duty To Retreat And Those Who Contribute To Their Own Need To Use Deadly Self-Defense, Alon Lagstein
.
Many critics have accused Florida's "Stand Your Ground" law of helping George Zimmerman get away with the murder of Trayvon Martin by allowing him to cause the very confrontation in which he ended Martin's life. This paper explores how American law treats defendants who have contributed to their own need to use deadly self-defense. This paper concludes that the duty to retreat, or lack thereof, is not the deciding factor in whether such defendants are allowed to claim self-defense.