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Articles 1 - 13 of 13
Full-Text Articles in Law
Dna Typing: Emerging Or Neglected Issues, David H. Kaye, Edward J. Imwinkelried
Dna Typing: Emerging Or Neglected Issues, David H. Kaye, Edward J. Imwinkelried
David Kaye
DNA typing has had a major impact on the criminal justice system. There are hundreds of opinions and thousands of cases dealing with DNA evidence. Yet, at virtually every stage of the process, there are important issues that are just emerging or that have been neglected.At the investigative stage, courts have barely begun to focus on the legal limitations on the power of the police to obtain samples directly from suspects and to use the data from DNA samples in various ways. Issues such as the propriety of "DNA dragnets" (in which large numbers of individuals in a geographic area …
Perceptions Of Search Consent Voluntariness As A Function Of Race, Rebecca M. Gold
Perceptions Of Search Consent Voluntariness As A Function Of Race, Rebecca M. Gold
Scripps Senior Theses
The United States Constitution provides its citizens protection from unreasonable searches and seizures from government officials, including police officers, through the Fourth Amendment. This Amendment applies to searches that violate a reasonable expectation of privacy. However, the Fourth Amendment does not protect citizens when they consent to a search voluntarily. It is necessary to determine whether or not a search is voluntary by looking at a variety of factors. Although an infinite number of factors can be considered to make this determination, race of both the police officer and of the person being searched should be considered, due to societal …
Confessions, Criminals, And Community, Sheri Lynn Johnson
Confessions, Criminals, And Community, Sheri Lynn Johnson
Sheri Lynn Johnson
No abstract provided.
You Do Not Have The Right To Remain Drunk: Expanding The Scope Of Implied Consent Through Fifth Amendment Voluntariness Standards, Avi Goldstein
You Do Not Have The Right To Remain Drunk: Expanding The Scope Of Implied Consent Through Fifth Amendment Voluntariness Standards, Avi Goldstein
Touro Law Review
No abstract provided.
We Can Do This The Easy Way Or The Hard Way: The Use Of Deceit To Induce Consent Searches, Rebecca Strauss
We Can Do This The Easy Way Or The Hard Way: The Use Of Deceit To Induce Consent Searches, Rebecca Strauss
Michigan Law Review
In October of 1995, Aaron Salvo was studying and living at Ashland College. College officials informed local FBI agents that they suspected Salvo of possible child molestation and related conduct based on incriminating electronic mail. FBI agents approached Salvo at his dormitory, asked to speak with him in private about the suspicious mail, and suggested they speak in Salvo's dorm room. Salvo agreed to speak with the officers, but declined to do so in his room because his roommate was there, and he did not want to get anyone else involved in the embarrassing nature of the upcoming conversation. Salvo …
Questioning The Relevance Of Miranda In The Twenty-First Century, Richard A. Leo
Questioning The Relevance Of Miranda In The Twenty-First Century, Richard A. Leo
Michigan Law Review
Miranda v. Arizona is the most well-known criminal justice decision - arguably the most well-known legal decision - in American history. Since it was decided in 1966, the Miranda decision has spawned voluminous newspaper coverage, political and legal debate, and academic commentary. The Miranda warnings themselves have become so well-known through the media of television that most people recognize them immediately. As Patrick Malone has pointed out, the Miranda decision has added its own lexicon of words and phrases to the American language. Perhaps with this understanding in mind, George Thomas recently suggested that the Miranda warnings are more well-known …
Identifying And (Re)Formulating Prophylactic Rules, Safe Harbors, And Incidental Rights In Constitutional Criminal Procedure, Susan R. Klein
Identifying And (Re)Formulating Prophylactic Rules, Safe Harbors, And Incidental Rights In Constitutional Criminal Procedure, Susan R. Klein
Michigan Law Review
The Miranda conundrum runs something like this. If the Miranda decision represents true constitutional interpretation, and all unwarned statements taken during custodial interrogation are "compelled" within the meaning of the Self-Incrimination Clause, the impeachment and "fruits" exceptions to Miranda should fall. If it is not true constitutional interpretation, than the Court has no business reversing state criminal convictions for its violation. I offer here what I hope is a satisfying answer to this conundrum, on both descriptive and normative levels, that justifies not only Miranda but a host of similar Warren, Burger, and Rehnquist Court decisions as well. In Part …
Dna Typing: Emerging Or Neglected Issues, David H. Kaye, Edward J. Imwinkelried
Dna Typing: Emerging Or Neglected Issues, David H. Kaye, Edward J. Imwinkelried
Journal Articles
DNA typing has had a major impact on the criminal justice system. There are hundreds of opinions and thousands of cases dealing with DNA evidence. Yet, at virtually every stage of the process, there are important issues that are just emerging or that have been neglected.
At the investigative stage, courts have barely begun to focus on the legal limitations on the power of the police to obtain samples directly from suspects and to use the data from DNA samples in various ways. Issues such as the propriety of "DNA dragnets" (in which large numbers of individuals in a geographic …
Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr.
Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr.
Touro Law Review
No abstract provided.
Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi
Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi
Publications
No abstract provided.
The Consent Exception To The Warrant Requirement, H. Patrick Furman
The Consent Exception To The Warrant Requirement, H. Patrick Furman
Publications
No abstract provided.
Confessions, Criminals, And Community, Sheri Lynn Johnson
Confessions, Criminals, And Community, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Interrogation Without Questions: Rhode Island V. Innis And United States V. Henry, Welsh S. White
Interrogation Without Questions: Rhode Island V. Innis And United States V. Henry, Welsh S. White
Michigan Law Review
In Rhode Island v. Innis, the Court defined "interrogation" within the meaning of Miranda; and in United States v. Henry, it defined "deliberate elicitation" within the meaning of Massiah. This article explores the implications of Innis and Henry, suggests readings of the new tests consistent with their purposes, and applies the tests to several situations where the scope of the fifth and sixth amendment protections remains unclear.