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Full-Text Articles in Law
Has The Replacement Of "Probable Cause" With "Reasonable Suspicion" Resulted In The Creation Of The Best Of All Possible Worlds?, Robert Berkley Harper
Has The Replacement Of "Probable Cause" With "Reasonable Suspicion" Resulted In The Creation Of The Best Of All Possible Worlds?, Robert Berkley Harper
Akron Law Review
Police officers sometimes need flexibility to respond appropriately to a variety of factual situations confronting them in street encounters. It is a huge task to promulgate a set of rules which will be flexible enough to cope with the enormous variations in police-citizen encounters, but which at the same time, the police can easily and effectively apply. It is not the purpose of this article to criticize the court's efforts in this area. It is the purpose of this article to evaluate investigatory stops by police officers as they perform their duties with this lesser standard than probable cause. The …
The Shift Of The Balance Of Advantage In Criminal Litigation: The Case Of Mr. Simpson, David Robinson Jr.
The Shift Of The Balance Of Advantage In Criminal Litigation: The Case Of Mr. Simpson, David Robinson Jr.
Akron Law Review
The intense public interest in the extraordinary trial and acquittal of Mr. O.J. Simpson provides an appropriate occasion to look at the criminal justice system more generally, to note where we have been in the balance of advantage between prosecution and defense, where we are now, and where, perhaps, we should be.
Dudley Do Wrong: An Analysis Of A "Stop And Identify" Statute In Hiibel V. Sixth Judicial District Of Nevada, James G. Warner
Dudley Do Wrong: An Analysis Of A "Stop And Identify" Statute In Hiibel V. Sixth Judicial District Of Nevada, James G. Warner
Akron Law Review
Part II of this note traces the development of “stop and identify” statutes, including its origins in historical vagrancy and loitering statutes, courts’ treatment of such laws, and the progression of the specific Nevada statute at issue. Part III examines the appellate and Supreme Court decisions in the Hiibel case. Part IV analyzes the Court’s decision in Hiibel under the void for vagueness doctrine and the Fourth and Fifth Amendments, and highlights the recent enactment of a “stop and identify” statute in Arizona. Finally, Part V concludes that the Nevada “stop and identify” statute allows too great of an intrusion …
Factoring The Seriousness Of The Offense Into Fourth Amendment Equations: Strip Searches In Detention Facilities - Atwater Strikes Again, William A. Schroeder
Factoring The Seriousness Of The Offense Into Fourth Amendment Equations: Strip Searches In Detention Facilities - Atwater Strikes Again, William A. Schroeder
Akron Law Review
This article suggests, inter alia, that Atwater can and should be limited, or better yet, overruled, by the adoption of reasonableness and probable cause standards that take into account the seriousness of the offense and make custodial arrests of minor offenders, and searches directed at minor offenders, much more difficult to justify than comparable activities directed at serious offenders.