Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2014

PDF

Criminal Procedure

Journal

Institution
Keyword
Publication

Articles 1 - 30 of 184

Full-Text Articles in Law

Appellate Division, First Department, People V. Celaj, Danielle Dupré Dec 2014

Appellate Division, First Department, People V. Celaj, Danielle Dupré

Touro Law Review

No abstract provided.


Apellate Division, Third Department, People V. Kelley, Elyssa Lane Dec 2014

Apellate Division, Third Department, People V. Kelley, Elyssa Lane

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Mundo, Avinoam Cohen Dec 2014

Court Of Appeals Of New York, People V. Mundo, Avinoam Cohen

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Johnson, Denise Shanley Dec 2014

Court Of Appeals Of New York, People V. Johnson, Denise Shanley

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Cahill, Annette Thompson Dec 2014

Court Of Appeals Of New York, People V. Cahill, Annette Thompson

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley Dec 2014

Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley

Touro Law Review

No abstract provided.


Appellate Division, Third Department, People V. Colon, Jocelin Los Dec 2014

Appellate Division, Third Department, People V. Colon, Jocelin Los

Touro Law Review

No abstract provided.


County Court, Rockland County, People V. Clark, Lauren Tan Dec 2014

County Court, Rockland County, People V. Clark, Lauren Tan

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Rose, Susan Persaud Dec 2014

Court Of Appeals Of New York, People V. Rose, Susan Persaud

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Abar, Danielle Dupré Dec 2014

Court Of Appeals Of New York, People V. Abar, Danielle Dupré

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Grice, Michael Elkin, Patrick Foster Dec 2014

Court Of Appeals Of New York, People V. Grice, Michael Elkin, Patrick Foster

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Taylor, Susan Persaud Dec 2014

Court Of Appeals Of New York, People V. Taylor, Susan Persaud

Touro Law Review

No abstract provided.


Supreme Court, Appellate Term, People V. Morin, Lauren Tan Dec 2014

Supreme Court, Appellate Term, People V. Morin, Lauren Tan

Touro Law Review

No abstract provided.


Family Court, Queens County, In The Matter Of Joseph G., Annette Thompson Dec 2014

Family Court, Queens County, In The Matter Of Joseph G., Annette Thompson

Touro Law Review

No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz Dec 2014

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Cortes, Jennifer Feldman Dec 2014

Appellate Division, Fourth Department, People V. Cortes, Jennifer Feldman

Touro Law Review

No abstract provided.


Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum Dec 2014

Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum

Touro Law Review

No abstract provided.


Procedurally Criminal: How Peremptory Challenges Create Unfair And Unrepresentative Single-Gender Juries, Chelsea V. King Dec 2014

Procedurally Criminal: How Peremptory Challenges Create Unfair And Unrepresentative Single-Gender Juries, Chelsea V. King

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Sentencing Roulette: How Virginia’S Criminal Sentencing System Is Imposing An Unconstitutional Trial Penalty That Suppresses The Rights Of Criminal Defendants To A Jury Trial, Caleb R. Stone Dec 2014

Sentencing Roulette: How Virginia’S Criminal Sentencing System Is Imposing An Unconstitutional Trial Penalty That Suppresses The Rights Of Criminal Defendants To A Jury Trial, Caleb R. Stone

William & Mary Bill of Rights Journal

No abstract provided.


United States V. Patane: The Beginning Of The End Of Miranda, Bryce Chauncey Loveland Dec 2014

United States V. Patane: The Beginning Of The End Of Miranda, Bryce Chauncey Loveland

Touro Law Review

No abstract provided.


Qualified Immunity In The Fourth Amendment: A Practical Application Of 1983 As It Applies To Fourth Amendment Excessive Force Cases, Karen Blum Dec 2014

Qualified Immunity In The Fourth Amendment: A Practical Application Of 1983 As It Applies To Fourth Amendment Excessive Force Cases, Karen Blum

Touro Law Review

No abstract provided.


Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali Dec 2014

Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali

Touro Law Review

No abstract provided.


Supreme Court's Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein Dec 2014

Supreme Court's Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein

Touro Law Review

No abstract provided.


Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson Dec 2014

Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson

Touro Law Review

No abstract provided.


Quasi-Inquisitorialism: Accounting For Deference In Pretrial Criminal Procedure, Jennifer E. Laurin Dec 2014

Quasi-Inquisitorialism: Accounting For Deference In Pretrial Criminal Procedure, Jennifer E. Laurin

Notre Dame Law Review

Police and prosecutorial activities that take place long before a criminal trial are frequently critical to, even dispositive of, the accuracy and reliability of case disposition. At the same time, the regulatory touch of constitutional criminal procedure in the pretrial realm is insistently light. Proposals to address actual or risked deficiencies in this arena have proliferated in recent years, exemplified by pushes for social-science-rooted investigative best practices, for broader defense access to evidence prior to trial, for more oversight in plea bargaining, and so on. But in the face of these critiques, broad pretrial discretion largely reigns.

A prevailing explanation …


Jury Voting Paradoxes, Jason Iuliano Dec 2014

Jury Voting Paradoxes, Jason Iuliano

Michigan Law Review

The special verdict is plagued by two philosophical paradoxes: the discursive dilemma and the lottery paradox. Although widely discussed in the philosophical literature, these paradoxes have never been applied to jury decision making. In this Essay, I use the paradoxes to show that the special verdict’s vote-reporting procedures can lead judges to render verdicts that the jurors themselves would reject. This outcome constitutes a systemic breakdown that should not be tolerated in a legal system that prides itself on the fairness of its jury decision-making process. Ultimately, I argue that, because the general verdict with answers to written questions does …


The Linchpin Of Identification Evidence: The Unreliability Of Eyewitnesses And The Need For Reform In West Virginia, Jared T. Dotson Dec 2014

The Linchpin Of Identification Evidence: The Unreliability Of Eyewitnesses And The Need For Reform In West Virginia, Jared T. Dotson

West Virginia Law Review

No abstract provided.


Death Penalty, Josh D. Moore Dec 2014

Death Penalty, Josh D. Moore

Mercer Law Review

The Georgia Supreme Court addressed two death sentences on direct appeal in this survey period, affirming both of them, and addressed four more death penalty cases at various stages of collateral review, leaving death sentences intact in all but one case. Claims of ineffective assistance of counsel frequently dominated the court's discussion of these cases, playing a central role in all but two of them. The court, however, also addressed some important issues touching on mental-health evaluations and evidence, lethal injection, death qualification, and victim-impact testimony


Transborder Abductions By American Bounty Hunters - The Jaffe Case And A New Understanding Between The United States And Canada, Kristofer R. Schleicher Nov 2014

Transborder Abductions By American Bounty Hunters - The Jaffe Case And A New Understanding Between The United States And Canada, Kristofer R. Schleicher

Georgia Journal of International & Comparative Law

No abstract provided.


A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake Nov 2014

A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake

Pace International Law Review

Using the pure adversarial model expounded in part I (a) as the baseline for analysis, Parts II, III and IV of this article will explore the procedural evolution that has taken place at the International Criminal Tribunal for the Former Yugoslavia (II), the International Criminal Court (III) and the Extraordinary Chambers in the Courts of Cambodia (IV). Part V will then plot the structural and procedural shifts that have taken place at those courts onto the spectrum of procedure identified in part I (c), before concluding, in Part VI, with what these shifts teach us about the convergence of adversarial …